Annual Notifications and District Policy
Assurance Of Non-Discrimination/Protected Handicapped Notice – Non-Discrimination Statement
The Phoenixville Area School District is an equal opportunity education institution and will not discriminate on the basis of
race, color, national origin, sex, disability and/or handicap, age in its admissions procedures, educational programs, services,
activities or employment practices as required by Title VI, Title IX and Section 504 and/or any applicable federal statute. It
shall be a violation for any student or staff member to harass any student or staff member. Any student or staff member who
alleges unlawful harassment may complain directly to a teacher, guidance counselor, or administrator. Any student or staff
member who is found, after appropriate investigation, to have engaged in unlawful harassment shall be subject to disciplinary
action consistent with the School Code of Pennsylvania. Please refer to Policies No. 103 Discrimination/Harassment Affecting Students, 103.1 Nondiscrimination - Qualifies Students with Disabilities, 104 Discrimination Affecting Staff, and 248.
The Phoenixville Area School District will assist students who are English Language Learners to participate in all programs,
services, and activities. Policy No. 138 - Language Instruction Educational Program for English Learners
For information regarding civil rights, admissions, grievance procedures, bilingual education and accessibility of programs,
services, activities and facilities that are usable by handicapped persons, please contact the Office of the Superintendent.
Non-Discrimination of Protected Handicapped Students – Annual Notice to Caregivers
In compliance with state and federal law, the Phoenixville Area School District will provide to each protected handicapped
student, without discrimination or costs to the student or family, those related aids, services or accommodations which are
needed to provide equal opportunity to participate in and obtain the benefits of the school program and extracurricular
activities to the maximum extent appropriate to the student’s abilities. In order to qualify as a protected handicapped
student, the child must be of school age with a physical or mental disability that substantially limits or prohibits participation
in or access to an aspect of the school program.
These services and protections for “protected handicapped” students are distinct from those applicable to all eligible or
exceptional students enrolled (or seeking enrollment) in special education programs. For further information about the
evaluation procedures and provision of services to protected students, contact the Director of Specialized Programs &
Services.
Gifted Education
As per Policy No. 114 Gifted Education, the district shall provide gifted education services and programs designed to meet the individual educational needs of identified students. The district shall develop and implement a districtwide gifted education plan every six (6) years which is made available for public inspection and comment for a minimum of 28 days. The district shall provide all required notices and information to parents/guardians/caretakers/guardians of gifted students, document all consents and responses of parents/guardians/caretakers/guardians, and adhere to all established timelines.
Acceptable Use of Technology Policy
PURPOSE
PASD supports use of the Internet and other information technology resources to facilitate learning, teaching, and educational operations. Access to and use of these resources is essential to the learning, teaching and administration that occur in our school.
AUTHORITY
This policy applies to all users (“Users”) of PASD computers, network connectivity, and information technology (“IT Resources”). Each User of IT Resources must agree to this Policy, by signing a copy of the Policy in hardcopy, prior to obtaining access to IT Resources. Additionally, all students must obtain their parent’s or guardian’s signature to this Policy granting permission to the student to use the IT Resources.
GUIDELINES
If any User has questions concerning this Policy or its content, the User should contact PASD IT personnel or a PASD administrator. IT Resources are to be used only for purposes that are lawful, authorized, have educational value to the User or enhance the User’s personal growth, and are permitted by this Policy. Our goal is to give all our Users the opportunity to pursue educational and research activities in a safe and effective manner that complies with the law and regulations.
Use of IT Resources – The primary use of our IT Resources is reserved for those who need to access or obtain information and materials of educational value to them. “Educational value” means the information and/or materials must have a direct impact on the User’s current educational program in which he/she is enrolled or is seeking to enroll. Entertainment or social-type activities, such as exchanging e-mail messages with friends, engaging in chat rooms, reading message boards, and other activities outside the scope of the User’s educational program, do not fall under the definition of “educational value.” Users who use IT Resources for non- educational purposes may be responsible for any costs associated with such non-educational use. PASD may impose time restrictions on use of its IT Resources to ensure that all Users have equal opportunity for use. PASD also may create and enforce storage management procedures or revise such storage procedures, at its option.
Prohibited uses – Users must act in a responsible, ethical, and legal manner when using the IT Resources. They must also follow this and all other PASD policies, use acceptable network etiquette, and comply with federal and state law. The following uses of our IT Resources are specifically prohibited: (a)Use in violation of any law, or governmental rule or regulation; (b)Commercial or for profit use; (c)Excessive non-work or non-school related work; (d)Product advertising or political lobbying; (e)Exchanging (by sending, receiving, or in any way participating in) any hate mail, or harassing, defamatory, offensive, fraudulent, abusive, obscene, profane, sexually-oriented, threatening, racially-offensive or illegal activities, materials or communication, or communications containing inappropriate language; (f)Unauthorized or illegal installation, distribution, reproduction, or use of copyrighted materials; copying, distributing, modifying, or using copyrighted materials in violation of copyright laws; (g) Accessing or obtaining (i)materials that are obscene, (ii)pornographic materials, or (iii)child pornography; (h)Access by students to material that is harmful or is determined by PASD to be inappropriate for students; (i)Quoting a personal communication by means which make it public without the original author’s prior consent; (j)Intentionally obtaining or modifying files, passwords, or data belonging to other Users; impersonating another User, anonymity or using pseudonyms; (k)Loading or using unauthorized games, programs, files, or other electronic media.
Please visit the PASD Technology Department for the Technology Handbook, Acceptable Use Policy, and district technology goals.”
Electronic Devices Policy
In accordance with Board Policy 237 Electronic Devices, the Phoenixville Area School District and Board of School Directors restricts use of electronic devices. Please contact the building administrator for further information.
Student Directory Information Notice
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records. The law requires that Phoenixville Area School District (“district”) obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. Consent, however, is not required in all instances. The district may disclose appropriately designated “directory information” without written consent unless you have advised the district to the contrary in accordance with district procedures. The federal law and the United States Department of Education define directory information as information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance.
The primary purpose of directory information is to allow the district to include this type of information from your child’s education records in certain school publications. Examples include:
A playbill showing your child’s role in a drama production
The annual yearbook
Honor roll or other recognition lists
Graduation programs
Sports activity sheets, i.e., such as for wrestling, showing weight and height of team members
Directory information can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories – names, addresses, and telephone listings – unless parents/guardians/caretakers have advised the LEA that they do not want their child’s information disclosed without their prior written consent.*
1. If you do not want the district to disclose directory information from your child’s education records without your prior written consent, you must notify the district in writing by September 15th of each school year. The district has designated the following information as directory information:
Name
Participation in officially recognized activities and sports
Address
Telephone listing
Weight and height of members of athletic teams
Photograph
Degrees, honors, and awards received
Date and place of birth
Major field of study
Dates of attendance
Grade level
The most recent educational agency or institution attended
* These laws are: Section 9528 of the ESEA (20 U.S.C. 7908), as amended by the No Child Left Behind Act of 2001 (P.L. 107-110), the education bill, and 10 U.S.C. 503, as amended by section 544, the National Defense Authorization Act for Fiscal Year 2002 (P.L. 107-107), the legislation that provides funding for the Nation’s armed forces.
Recruitment
Postsecondary institutions and military recruiters shall have access to secondary students' names, addresses and telephone numbers, unless the student or parent/guardian requests that such information not be released without prior written parental consent.
The district shall annually notify parents/guardians and the secondary students of the right to request that student information not be released to representatives of postsecondary institutions and/or military recruiters without their prior written parent/guardian/secondary student consent.
The district shall provide a list of graduating seniors, which shall be available to military recruiters by the first day of the academic year of graduation. Please refer to Policy No. 250 Student Recruitment.
Notification of Rights for Elementary & Secondary Students
The Family Educational Rights and Privacy Act (FERPA) affords parents and students who reach the age of 18 (“eligible students”)
certain rights with respect to the student’s education records. These rights are:
1. The right to inspect and review the student’s education records within 45 days of the day the school receives a written
request for access.
Parents or eligible students should submit to the school principal a written request that identifies the record(s) they wish to inspect.
The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records
may be inspected. The district is not required to provide copies of records unless, for reasons such as great distance, it is impossible
for parents or eligible students to review the records. Schools may charge a fee for copies.
2. The right to request the amendment of the student’s education records that the parent or eligible student believes is
inaccurate or misleading. Parents or eligible students may ask the school to amend a record they believe is inaccurate or misleading. Parents should write to
the school principal; clearly identify the part of the record they want changed and specify why it is inaccurate or misleading. If the
school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible
student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information
regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records,
except to the extent that FERPA authorizes disclosure without consent.
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A
school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health
or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the
school has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student
serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his
or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill
his or her professional responsibilities. Upon request, the school discloses education records without consent to officials or another
school district in which a student seeks or intends to enroll. The additional disclosures the school may make without parent consent
are explained in the school’s Student Records Plan available from the child’s principal.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply
with the requirements of FERPA.
The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
Notification of Rights Under the Protection of Pupil Rights Amendment
The Protection of Pupil Rights Act (PPRA), (Policy No. 235 Student Rights and Responsibilities) affords parents/guardians/caretakers and students who are 18 or emancipated minors (“eligible students”) certain rights regarding the Phoenixville Area School District’s conduct of surveys, collection and use of information for marketing purposes, and certain physical examinations. These include the right to:
Written Consent:
Before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education:
·Political affiliations or beliefs of the student or student’s parent
·Mental or psychological problems of the student or student’s family
·Sex behavior or attitudes
·Illegal, anti-social, self-incriminating, or demeaning behavior
·Critical appraisals of others with whom respondents have close family relationships
·Legally recognized privileged relationships such as with lawyers, doctors, or ministers
·Religious practices, affiliations, or beliefs of the student or parents/guardians/caretakers
·Income, other than as required by law to determine program eligibility
Receive notice and an opportunity to opt a student out of:
·Any other protected information survey, regardless of funding
·Any non-emergency, invasive physical examination or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under Pennsylvania law
·Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others
Inspect upon request and before administration or use:
·Protected information surveys of students
·Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes
·Instructional material used as part of the educational curriculum. (Please refer to Policy No. 105.1 Review of Instructional Materials by Parents/Guardians and Students)
The district will develop and adopt policies, in consultation with parents/guardians/caretakers regarding these rights, as well as arrangements to protect student privacy in the administration of protected surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. The district will directly notify parents/guardians/caretakers and eligible students of these policies at least annually at the start of each school year and after any substantive changes. The district will also directly notify parents/guardians/caretakers and eligible students, such as through U.S. Mail or email, at least annually at the start of each school year of the specific or approximate dates of the following activities and provide an opportunity to opt a student out of participating in:
•Collection, disclosure, or use of personal information for marketing, sales or other distribution
•Administration of any protected information survey not funded in whole or in part by the U.S. Department of Education
•Any non-emergency, invasive physical examination or screening as described above.
Parents/guardians/caretakers/eligible students who believe their rights have been violated may file a complaint with:
Family Policy Compliance Office
U.S. Department of Education 400 Maryland Avenue, SW
Washington, D.C. 20202-5920
Resolving Complaints
In addressing pertinent concerns, parents/guardians/caretakers are urged to use the following guidelines:
•The classroom teacher should be contacted in situations that concern the student/teacher/classroom relationship.
•The school principal should be contacted if the parent cannot resolve a problem with a classroom teacher or in matters dealing with general school policies and district concerns.
Policy No. 906 – Public Complaint Procedures
Student Privacy Protections
•Phoenixville Area School District uses many valuable online tools to further curricular goals, personalize learning, and meet necessary data management and reporting functions. Some of these online tools are used by teachers in the delivery of instruction and require student account creation and storage of student work to perform their intended functions. Other agencies and companies provide certain administrative and technical services and support that either requires data to be stored on their servers or access to our systems is granted to facilitate the performance of certain defined functions. The district protects student privacy in compliance with applicable federal laws and school board policies. Federal privacy laws do allow sharing of what may constitute an educational record in limited circumstances.
Read more information about student privacy protections.
•Any software service provider and contractor with whom the district contracts agree to protect student privacy using all commercially reasonable means and complies with all federal laws prohibiting use of student information for commercial marketing purposes. Read more information on student protection from commercial marketing.
Policy No. 235.1 Pupils Survey
Procedure for Food and Nutrition Services (FNS) Civil Rights Complaints Pennsylvania Department of Education Division of Food and Nutrition
-1. Sponsor receives a Civil Rights complaint from the complainant (i.e. parent).
a.) Sponsor must inform complainant of Federal Civil Rights rules and regulations that have been established for protected classes. (A protected class is any person or group of people who are protected from discrimination based on):
Race
Color
National Origin
Age
Sex
Disability
b.) Sponsor must provide complainant the necessary information to file a complaint, which is:
1. Mailing address of the USDA: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410;
2. USDA’s Telephone/Fax numbers and Email address: P: (866) 632-9992 / F: (202) 690-7442 F
3. Electronic link to file a civil rights complaint
Note: If the sponsor is unsure if the complaint falls under a protected class, sponsor should provide complainant the federal complaint information.
c.) After providing the complainant with the information on how to file a Civil Rights complaint directly at the Federal level, the sponsor may attempt to resolve the complaint if it is a matter that can be resolved quickly. Resolving complaints in real-time at the lowest possible level is encouraged. (*Note: This is not an investigation as neither the sponsor nor the State agency has the authority to conduct complaint investigations. This is simply trying to resolve the situation if it was potentially caused by a miscommunication.)
If the complainant refuses to discuss the matter, any further with the sponsor or if the matter cannot be resolved quickly, then the sponsor should:
1. reiterate the complaint filing procedures in 1) b),
2. document the complaint and actions taken (i.e., referral to Federal complaint procedures) in a Civil Rights complaint log that is separate from any other complaint log, (*Note: A separate Civil Rights complaint log is necessary due to confidentiality and privacy laws. See complaint log requirements in d) below.), and
3. notify the State agency of the discussion. (*Note: It is important for the sponsor to notify the State agency because regular communication between the sponsor and State agency is key to operating the program successfully.)
If the complainant is willing to try to resolve the issue with the sponsor and a satisfactory resolution is achieved, then the sponsor should still remind the complainant (using the information in 1)b) of his/her right to file at the Federal level if necessary. (*Note: Complainants retain the right to file at the Federal level even if a resolution seems to have been reached at the sponsor level.) The sponsor needs to document the complaint and actions taken (i.e., how resolution was achieved) in a log that is separate from any other complaint log and notify the State agency of the resolution.
d.) Regardless of if the complainant wishes to file at the Federal level, the sponsor should document as much information as possible in their Civil Rights complaint log including, but not limited to, the following:
-Date Complaint Received
-Complainant’s Name
-Complainant’s Address
-Complainant’s Telephone Number
-Complainant’s Email Address
-Allegation of Discrimination/Issue (i.e., FNS program involved, protected class(es) involved, etc.)
-Date of Alleged Discriminatory Action
1. The sponsor must forward the information, within 5 days of receipt of complaint from complainant to the State agency (process depicted below):
State Agency Civil Rights Coordinator, State Agency Director*, FNS Regional Office Civil Rights Contact, FNS Headquarters Civil Rights Office, Complainant
2. *State Agency level must forward complaint information, within 5 days of receipt of complaint from sponsor to the FNS regional office.
3. FNS team conducts complaint review and investigation, which includes contact with the complainant, State agency, sponsor, etc.
Additional Information:
-Complainants must file within 180 days of the alleged action
-Confidentiality is extremely important
-USDA complaint form
Integrated Pest Management (IPM)
The Phoenixville Area School District participates in an IPM Program for managing insects, rodents, and weeds. The district
communicates information on the program to parents/guardians/caretakers/guardians on an annual basis. Refer to Policy No. 716 Integrated Pest Management for more information.
Asbestos Management Plan
In accordance with the EPA’s Asbestos Hazard Emergency Response Act (AHERA) of 1987 (40 CFR Part 763, Subpart E of the Code of Federal Regulations), School Districts are required to give annual notification stating that the Asbestos Management Plan for each Building is available for public review.
This rule requires local education agencies (LEAs) to identify friable and non-friable asbestos-containing material (ACM) in public and private elementary and secondary schools by visually inspecting school buildings for such materials, sampling such materials if they are not assumed to be ACM, and having samples analyzed by appropriate techniques referred to in this rule.
In keeping with this legislation, the School District is inspected by EPA accredited inspectors, and a comprehensive management plan was developed for handling asbestos containing building material in a safe and responsible manner. Six-month periodic asbestos surveillances as well as 3 Year Re-Inspections are performed in accordance with AHERA. A copy of the asbestos management plan is currently kept in the district administration building. To review a copy, please contact the Director of Operations (484-927-5099). These records are available for review during the normal school business hours.
Parental Information Notice - Public Notice on Screening and Evaluation
The Phoenixville Area School District uses the following procedures for locating, identifying, and evaluating specified needs of school-aged students requiring special programs or services. These procedures, as required by law, are as follows:
The district, as prescribed by section 1402 of the School Code, routinely conducts screening of a child’s hearing acuity in the following grades: kindergarten, 1, 2, 3, 7, and 11. Visual acuity is screened in every grade. Speech and language skills are screened in kindergarten and on a referral basis. Gross motor and fine motor skills, academic skills, and social-emotional skills are assessed by classroom teachers on an ongoing basis. Specified needs from all of these screening sources are noted within the child’s official file. School records are open and available to parents/guardians/caretakers and only to school officials who have legitimate “need to know” information about the child. Information from the records is released to other persons or agencies only with appropriate authorization that involves written signed permission by parents/guardians/caretakers. Parents/guardians/caretakers with concerns regarding their child may contact the building principal. Communication with parents/guardians/caretakers and exceptional students shall be English or the native language of the parents/guardians/caretakers.
Parental and/or teacher concerns will be referred to the building level data team at the student’s school to meet his or her specific needs or to document the need for further evaluation. Parents/guardians/caretakers’ input is welcome and is often solicited. If a student does not make progress after interventions put in place by the school data team, the school will request permission to evaluate your child to determine if special education services are required. Your informed consent in writing is required before the district can conduct the evaluation. The district will conduct the evaluation within 60 calendar days upon receipt of the Permission to Evaluate by the Department of Specialized Programs and Services. Please refer to Policy No. 113 Special Education.
After all the assessments are completed, an Evaluation Report will be compiled with parent involvement and will include specific recommendations for the types of intervention necessary to address the child’s specified needs.
Parents/guardians/caretakers will then receive the results of the multidisciplinary evaluation, and these results will be discussed. When appropriate, an Individual Education Program (IEP) will be developed indicating specialized services for the student.
In addition to the parent, the Phoenixville Area School District IEP team can consist of at least three of the following district staff: the building principal, the special education teacher, and the regular education teacher(s). Other individuals at the discretion of either the parent or the district may also participate.
Parents/guardians/caretakers are an integral part of the IEP team and need to be physically present at the IEP meeting. The district will make every effort to ensure parent participation. The district will notify the parents/guardians/caretakers in writing, make documented phone calls, and make home visits, if necessary, to make parents/guardians/caretakers aware of the IEP conference and the need for parental participation. Upon completion of the IEP meeting, parents/guardians/caretakers will be mailed a Notice of Recommended Educational Placement for their approval or disapproval of the program.
Children ages birth to five years who require or may need special education interventions or evaluations are serviced through the Chester County Intermediate Unit. Parents/guardians/caretakers should call the Intermediate Unit at 484-237-5000 and request to speak to an Early Intervention supervisor to access services. Please refer to Policy No. 113 Special Education.
Chapter 15/Other Protected Handicapped Students
A protected handicapped student is a student who is school age with a physical or mental disability, which substantially limits or prohibits participation in or access to any aspect of the school program. In compliance with State and Federal Law, the Phoenixville Area School District will provide to each protected handicapped student without discrimination or cost to the student or family, those related aids, services, or accommodations which are needed to provide equal opportunity to participate in and obtain the benefits of the school program and extracurricular activities to the maximum extent appropriate to the student’s abilities. These services and protections for “protected handicapped students” are distinct from those applicable to all eligible or exceptional students enrolled (or seeking enrollment) in special education programs.
Enrollment of Students and Assignment Within District
Policy No. 200 Enrollment of Students
Policy No. 206 Assignment Within District
The Board shall enroll school age students eligible to attend district schools in accordance with applicable laws and regulations, Board policy and administrative regulations. The building principal shall assign students in his/her school to appropriate grades, classes, or groups. Policy No. 142 Migrant Students