Ralls County RII Schools - Public Notices

August 14, 2020

PUBLIC NOTICE

Missouri school districts are responsible for meeting the educational needs of an increasingly diverse student population by providing a wide range of resources and support to ensure that all students have the opportunity to succeed and be college prepared and career ready. Our school district has programs designed to help meet the unique educational needs of children working to learn the English language, students who are advanced learners, students with disabilities, homeless students, the children of migrant workers, and neglected or delinquent students. For more information, contact Natalie Gibson at 573-267-3341.

All responsible public agencies are required to locate, evaluate, and identify children with disabilities who are under the jurisdiction of the agency, regardless of the severity of the disability, including children attending private schools, children that are highly mobile including as migrant and homeless children, children that are learning English as a second language, and children who are suspected of having a disability and in need of special education even though they are advancing from grade to grade. The Ralls County R-II School District assures that it will provide a free, appropriate public education (FAPE) to all eligible children with disabilities between the ages of 3 and 21 under its jurisdiction. Disabilities include autism, deaf/blindness, emotional disorders, hearing impairment and deafness, mental retardation, multiple disabilities, orthopedic impairment, other health impairments, specific learning disabilities, speech or language impairment, traumatic brain injury, visual impairment/blindness and young child with a developmental delay. For additional information, contact the Director of Special Education, Ellen Britt. Additionally, a copy of the district's compliance plan is available in each school's office area and is available upon request.

Ralls County R-II School District assures that it will provide information and referral services necessary to assist the State in the implementation of early intervention services for infants and toddlers eligible for the Missouri First Steps program.

The Ralls County R-II School District assures that personally identifiable information collected, used, or maintained by the agency for the purposes of identification, evaluation, placement or provision of FAPE of children with disabilities may be inspected and/or reviewed by their parents/guardians. Parents/guardians may request an amendment to the educational record if the parent/guardian believes the record is inaccurate, misleading, or violates the privacy or other rights of their child. Parents have the right to file complaints with the U.S. Department of Education or the Missouri Department of Elementary of Secondary Education concerning alleged failures by the district to meet the requirements of the Family Educational Rights and Privacy Act (FERPA).

The Ralls County R-II School District has developed a Local Compliance Plan for the implementation of State Regulations for the Individuals with Disabilities Education Act (IDEA). This plan contains the agency's policies and procedures regarding storage, disclosure to third parties, retention and destruction of personally identifiable information and the agency's assurances that services are provided in compliance with the General Education Provision Act (GEPA). This plan may be reviewed at the Mark Twain Special Education Office, during regular school hours. This notice will be provided in native languages as appropriate.

NOTICE OF NON-DISCRIMINATION STATEMENT AND POLICY

The Ralls County R-II School District is committed to maintaining a workplace and educational environment that is free from discrimination and harassment in admission or access to, or treatment or employment in, its programs, services, activities and facilities. In accordance with law, the district strictly prohibits discrimination and harassment against employees, students or others on the basis of race, color, religion, sex, national origin, ancestry, disability, age, genetic information or any other characteristic protected by law. As required by law, the district will provide equal access to district facilities and related benefits and services and will not discriminate against any group officially affiliated with the Boy Scouts of America, the Girl Scouts of the United States of America or any other youth group designated in applicable federal law. This applies to employment, assignment, and promotion of personnel and to courses taken and pupil placement. The Ralls County R-II School District is an equal opportunity employer. The superintendent will act as the R-II District’s non-discriminate compliance coordinator. As concerns arise, the superintendent, Dr. Tara Lewis, is available at the Mark Twain High School, 21622 Highway 19, Center, Missouri, 63436 between 8 a.m. and 3 p.m. daily. The phone number is 573-267-3397. Dr. Lewis also serves as coordinator of Title IX, 504 and ADA Compliance. Any questions regarding issues in these areas should be directed to her attention. (See Board Policy AC for additional information).

MISSOURI DEPARTMENT OF ELEMENTARY & SECONDARY EDUCATION NCLB COMPLAINT PROCEDURES

The Federal No Child Left Behind Act of 2001 (NCLB), Title IX Part C. Sec. 9304(a) (3) (C) requires the Missouri Department of Elementary & Secondary Education (DESE) to adopt procedures for resolving complaints regarding operations of programs authorized under the Act, including Title I, Title II, Title III, Title IV (Part A), Title V, Title VI, and Title VII and Title IX, part C.

Who May File a Complaint: Any local education agency (LEA), consortium of LEAs, organization, parent, teacher, or member of the public may file a complaint.

Definition of a Complaint: There are both formal and informal complaint procedures. A formal complaint must be a written, signed statement that includes:

▪ an allegation that a federal statute or regulation applicable to the state educational agency (SEA) or a local education agency (LEA) program has been violated,

▪ facts, including documentary evidence that supports the allegation, and

▪ the specific requirement, statute, or regulation being violated.

Alternatives for Filing Complaints: It is federal and state intent that complaints are resolved at a level nearest the LEA as possible. As described below, formal complaints filed with the SEA will be forwarded to the appropriate LEA for investigation and resolution. Informal complaints made to the SEA will be subject of an initial investigation by the SEA, but will be forwarded to the LEA if a formal complaint evolves. Precise processes in both instances are described below.

Informal and Formal Complaints Received by the Local Education Agency: Informal and formal complaints filed with the LEA concerning NCLB program operations in that LEA are to be investigated and resolved by the LEA according to locally developed procedures, when at all possible. Such procedures will provide for:

▪ disseminating procedures to the LEA school board,

▪ central filing of procedures within the district,

▪ addressing informal complaints in a prompt and courteous manner,

▪ notifying the SEA within 15 days of receipt of written complaints,

▪ timely investigating and processing of complaints within 30 days, with an additional 30 days if exceptional conditions exist,

▪ disseminating complaint findings and resolutions to all parties to the complaint and the LEA school board. Such findings and resolutions also shall be available to parents, teachers and other members of the general public, provided by the LEA, free of charge, if requested, and

▪ appealing to the Missouri Department of Elementary & Secondary Education within 15 days Rev. 9/6/07

Appeals to the Missouri Department of Elementary & Secondary Education will be processed according to the procedures outlined in sections below.

Informal Complaints Received by the SEA Office: Informal complaints (i.e., verbal and/or anonymous) to the SEA by individuals (who may ask not to be identified to the LEA) concerning program operations in an LEA will be investigated by the SEA, according to procedures deemed most appropriate by the SEA, within 10 days of receipt of the complaint. Findings of this investigation shall be reported to the complainant within 10 additional days. In the event that the complainant requests further investigation or a hearing, the complainant must file a signed written complaint. This formal complaint will be processed according to procedures outlined in sections below.

Formal Complaints Initially Received by the SEA Office

▪ Record. Upon receipt of a written complaint, a record of the source and nature of the complaint, including the applicable program involved in the complaint, statute violated and facts on which the complaint is based, will be initiated.

▪ Notification of LEA. Within 15 days of receipt of the complaint, a written communication will notify the district superintendent and the district NCLB coordinator of the complaint filed with the SEA. Upon receipt of the communication, the LEA will initiate its complaint procedures as set forth above. If the complaint is that an LEA is not providing equitable services to private school children, it also will be filed with the U.S. Secretary of Education.

▪ Report by LEA. Within 20 days of receipt of the complaint, the LEA will advise the SEA of the status of the complaint resolution proceedings and, at the end of 30 days, will submit a written summary of the LEA investigation and complaint resolution. This report is considered a public record and may be made available to parents, teachers, and other members of the general public. A copy of this procedure also will be filed with the U.S. Secretary of Education, if it involves equity of services to private school children.

▪ Verification. Within ten days of receipt of the written summary of a complaint resolution, the DESE office will verify the resolution of the complaint through an on-site visit, letter or telephone call(s). Verification will include direct contact with the complainant. If the complaint is about equity of services to private school children, the U.S. Secretary of Education shall also be given copies of all related communications.

Appeals: Appeal to the SEA

▪ Record. Upon receipt of a written appeal to a complaint unresolved at the LEA level, a record of the source and nature of the complaint, including the applicable program involved in the complaint, statute violated and facts on which the complaint is based, will be initiated.

▪ Investigation. The SEA will initiate an investigation within 10 days, which will be concluded within 30 days from receipt of the appeal. Such investigation may include a site visit if the SEA determines that an on-site investigation is necessary. By stipulation of all concerned, this investigation may be continued beyond the 30-day limit.

▪ Hearing. If required by the SEA, or formally requested by parties to the complaint, this investigation will include an evidentiary hearing(s) before an SEA Division Director acting as chairperson and designated staff personnel. Conduct of such hearings will follow the procedures outlined in state rules. The hearing proceedings shall be tape recorded and the recording preserved for preparation of any transcript required on appeal.

Decision: Within 10 days of conclusion of the investigation and/or evidentiary hearing(s), the SEA will render a decision detailing the reasons for its decision and transmitting this decision to the LEA, the complainant, and the district school board. Recommendations and details of the decision are to be implemented within 15 days of the decision being given to the LEA. This 15-day implementation period may be extended at the discretion of the SEA Division Director. The complainant or the LEA may appeal the decision of the SEA.

Formal LEA complaints against SEA

▪ Record. The SEA will record the source, and nature of the complaint, including the applicable program involved in the complaint, statute violated and facts on which the complaint is based.

▪ Decision. The SEA decision will be rendered within 15 days of the complaint receipt. The LEA will be promptly notified of the SEA’s decision.

▪ Appeal. The LEA may appeal the decision of the SEA to the SEA review board within 30 days of receipt of the decision. Procedures under the “Appeal to the State Agency Review Board” section will be followed.

▪ Second Appeal. An applicant has the right to appeal the decision of the SEA Review Board to the U.S. Secretary of Education. The applicant shall file written notice of the appeal with the Secretary within 20 days after the applicant has been notified by the SEA of its decision.

Complaints against LEAs Received from the United States Department of Education

▪ Complaints against LEAs received from the U.S. Department of Education will be processed as though they had been received initially at the SEA.

▪ A report of final disposition of the complaint will be filed with the U.S. Department of Education.

▪ These procedures shall not prevent the SEA from partially or wholly interrupting funding of any LEA IASA program or taking any other action it deems appropriate.

Procedure Dissemination

▪ This procedure will be disseminated to all interested parties through the agency webpage at http://dese.mo.gov and to subscribers to the Federal Programs listserv.

▪ This guidance will be distributed through regional and statewide meetings with Federal Programs Coordinators. LEAs are asked to incorporate the elements of the complaint procedure into their own policies and procedures.

▪ DESE will also keep records of any complaints filed through this policy.

Anyone wishing more information about this procedure or how complaints are resolved may contact local district or department personnel, Natalie Gibson, Federal Programs Coordinator, Ralls County R-II Schools, 573-267-3397.

HAZARDOUS MATERIALS (EBAB)

To promote the health and safety of the students, staff and patrons of the district, and to ensure the environment is reasonably protected from hazardous materials, the Board of Education of the Ralls County R-II School District directs the administration under the guidance of the superintendent to develop procedures which address the purchase, storage, handling, transportation and disposal of hazardous materials for all school facilities and operations of the district. Emergency response actions and evacuation plans will also be coordinated with the procedures. Hazardous materials shall be defined as any substance specifically designated as such by state or federal law, or any other substance or mixture of substances which may be explosive, ignitable, corrosive, reactive and/or toxic. The procedures developed by the administration shall comply with all local, state and federal laws and regulations, which pertain to the proper management of hazardous materials. The superintendent or designee is responsible for identifying any substances, which may be hazardous, and ensuring such substances are properly disposed of in a state-approved facility or landfill. When necessary, the district shall contact the U.S. Environmental Protection Agency (EPA) and/or the Waste Management Program of the Missouri Department of Natural Resources in order to obtain relevant information regarding hazardous waste management. District personnel will be encouraged to make less dangerous substitutions for hazardous substances to the extent possible and to minimize quantities of such substances generated by the school district. In addition, district employees shall follow the procedures developed by the administration and shall take the necessary precautions recommended by manufacturers' warnings when handling or transporting hazardous materials.

Asbestos-AHERA

The Ralls County R-II School District has conducted a complete inspection of its facilities for asbestos in accordance with the Asbestos Hazard Emergency Response Act (AHERA). This inspection was performed by Architechnics, Inc. on July 30, 2012. The results of this inspection, indicating no needed response action of preventive measures, have been included in a Management Plan. This Management Plan is available in the Administrative office of the Superintendent of Schools and in each principal's office during normal business hours, without cost or restriction, for inspection by representatives of the EPA and State, the public, including teachers, other school personnel and their representatives and parents.

The designated persons trained in the Ralls County R-II Schools to ensure AHERA compliance are Tara Lewis, Superintendent and maintenance supervisor.

Lead Contamination Inspection

The district shall monitor the periodic collection of drinking water samples from all sources in the district by the Missouri Department of Health, and shall review the results from the EPA-certified laboratory that performs the tests, when the results become available.

The Board shall assist the Department of Health in any way necessary to assure that any testing program mandated by law is completed within the time frame allowed, and will act immediately to secure funding for the repair of drinking water sources that do not meet federal standards, or for the disconnection of the sources. Pipes that contain lead soldering shall be repaired using a non-lead solder, and water coolers that are found to contain lead in the lining of their tanks will be repaired or replaced. The Board shall encourage continued periodic inspections of district drinking water sources constructed before 1987.



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