The law requires that federally assisted programs be free of discrimination. The Tennessee Department of Education also requires that the services be offered to all eligible persons. “It is the policy of the Lenoir City School System not to discriminate on the basis of sex, color, race, national origin, creed, age, marital status or disability in its educational programs, activities or employment policies, as required by Title VI and VII of the 1964 Civil Rights Act, Title IX of the 1972 Educational Amendments, and Section 504 of the Federal Rehabilitation Act of 1973.
It is also the procedure of this district that the curriculum materials utilized reflect the cultural and racial diversity present in the United States and the variety of careers, roles, and lifestyles open to women, as well as men, in our society. One of the objectives of the total curriculum and teaching strategies is to reduce stereotyping and to eliminate bias on the basis of sex, race, religion and disability. The curriculum should foster respect and appreciation for the cultural diversity found in our country and an awareness of the rights, duties and responsibilities of each individual as a member of a pluralistic society.”
Inquiries regarding compliance with Title III, Title IV, Title IX, Section 504 and IDEA-B may be directed to:
Lenoir City Board of Education: (865) 986-8058 200 East Broadway, Lenoir City, Tennessee 37771
PARENTAL NOTIFICATION Under the Elementary and Secondary Education Act (ESEA)
The Elementary and Secondary Education Act (ESEA) as amended in Dec. 2015 by the Every Student Succeeds Act (ESSA) makes it clear that Congress expects local educational agencies (LEAs) and schools receiving federal funds to ensure that parents are actively involved and knowledgeable about their schools and their children’s education. The law requires schools to give parents many different kinds of information and notices in a uniform and understandable format and, to the extent practicable, in a language that the parents can understand. Listed below are some of these required notices that must be made to parents by school districts or individual public schools.
At the beginning of each year, an LEA shall notify parents that they may request, and the LEA will provide, information regarding whether professionals are highly effective, including the qualifications of the student’s teachers and paraprofessionals. This includes information about whether the student’s teacher:
Districts must give parents annual notice at the beginning of the school year of the specific or approximate dates during the school year when the following activities are scheduled or expected to be scheduled:
Districts must give parents annual notice of an adoption or continued use of such policies and within a reasonable period of time after any substantive change in such policies [20 U.S.C. 1232g]. Public Release of Student Directory Information
Under the Family Education Rights and Privacy Act (FERPA), an LEA must provide notice to parents of the types of student information that it releases publicly. This type of student information, commonly referred to as “directory information,” includes such items as names, addresses, and telephone numbers and is information generally not considered harmful or an invasion of privacy if disclosed. The notice must include an explanation of a parent’s right to request that the information not be disclosed without prior written consent.
Additionally, ESSA requires that parents be notified that the school routinely discloses names, addresses, and telephone numbers to military recruiters upon request, subject to a parent’s request not to disclose such information without written consent [§8025].
A single notice provided through a mailing, student handbook, or other method that is reasonably calculated to inform parents of the above information is sufficient to satisfy the parental notification requirements of both FERPA and ESSA. The notification must advise the parent of how to opt out of the public, nonconsensual disclosure of directory information and the method and timeline within which to do so [20 U.S.C. 1232g] [ESEA §8025].
Districts receiving federal education funds must notify parents of secondary school students that they have a right to request their child’s name, address, and telephone number not be released to a military recruiter without their prior written consent. Districts must comply with any such requests [ESEA §8528(a)(2)(B)].
A district receiving Title I funds must develop jointly with, agree on with, and distribute to, parents and family members of participating children a written district-level parent and family engagement policy. Each school served under Title I must also develop jointly with, agree on with, and distribute to, parents and family members of participating children a written school-level parent and family engagement policy. If an individual school or district has a parent and family engagement policy that applies to all, it may amend the policy to meet the requirements under the ESEA [ESEA Title I, Part A, §1116(a)(2)] [20 U.S.C. §6318(b); (c)].
Parents shall be notified of the policy in an understandable and uniform format and, to the extent practicable, provided in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school [ESEA Title I, Part A, §1116(b)(1)].
Schools must:
Each school district that receives Title I, Part A funds must prepare and disseminate an annual report card. Generally, the state or district must include on its report card information about public schools related to student achievement, accountability, teacher qualifications and other required information, as well as any other information that the state or district deems relevant.
These report cards must be concise and presented in an understandable and uniform format accessible to persons with disabilities and, to the extent practicable, provided in a language that parents can understand. In Tennessee, these requirements are met through the state’s report card [ESEA Title I, Part A, §1111(h)(1) and (h)(2)].
All schools must provide to parents, teachers, and principals the individual student interpretive, descriptive, and diagnostic reports, which allow specific academic needs to be understood and addressed, and include information on the student’s achievement on academic assessments aligned with state academic achievement standards [ESEA §1111(b)(2)(B)(x)].
Districts, schools, and students may voluntarily participate in the National Assessment of Educational Progress (NAEP). Parents of children selected to participate in any NAEP assessment must be informed before the assessment is administered that their child may be excused from participation for any reason, is not required to finish any assessment, and is not required to answer any test question. A district must make reasonable efforts to inform parents and the public about their right to access all assessment data (except personally identifiable information), questions, and current assessment instruments [ESEA Title VI, Part C, §411(c)(1); (d)(1)–(2))].
An eligible school operating a schoolwide program shall make the comprehensive plan available to the LEA, parents, and the public. The information contained in such a plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand [20 U.S.C. §6314][ESEA Title I, Part A, §1114].
A school district that uses federal funds to provide a language instruction education program for English learners must no later than 30 days after the beginning of the school year inform the parents of each child identified for participation or participating in such a program:
For a child not identified as an English learner prior to the beginning of the school year, the district must notify parents within the first two weeks of the child being placed in such a program [ESEA Title I, Part A, §1112].
To be eligible for McKinney-Vento funds, the school must provide written notice at the time any child seeks enrollment in the school, and at least twice annually while the child is enrolled in the school, to the parent or guardian or unaccompanied youth that, shall be signed by the parent or guardian or unaccompanied youth; that sets forth the general rights provided; and specifically states:
If the district sends a homeless child to a school other than the school of origin or the school requested by the parent or guardian, the district must provide the parents a written explanation for, including notice of the right to appeal, the decision. The information must also be provided whenever a dispute arises over school selection [ESSA Title IX, Part C, §722(g)(3)(B)].
Each LEA liaison for homeless children and youth shall ensure the parents or guardians of homeless children and youth are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children [ESSA Title IX, Part C, §722(g)(6)(A)(iv)].
Public notice of the educational rights of homeless children and youths is disseminated where such children and youths receive services under the McKinney-Vento Act, such as schools, family shelters, and soup kitchens [ESSA Title X, Part C, §722(g)(6)(A)(v)].
Students with special education needs should contact the Director of Special Education, Dr. Chad Lewis at 865-988-2060 to discuss current IEP placement and goals. These will help determine the proper placement for the student and identify the necessary accommodations needed to assist him/her in being successful in an online setting.
If a student has an Individual Education Plan (IEP) or 504 our teachers will follow all guidelines of those plans based upon how the plans are written. In order to make sure that the student’s IEP or 504 plan can be fulfilled in a virtual setting an IPE or 504 Team Meeting may be required prior to enrollment in the iLearn Institute.
Minors 16 and 17 years of age may not be employed during those hours when the minor is required to attend class nor between the hours of 10:00 pm and 6:00 am, Sunday through Thursday, preceding a school day. However, if there is a Parental/Consent Form signed, then the minor may work until midnight, but no more than three (3) nights per week Sunday through Thursday. The iLearn Institute defines a school day as 8:00 am until 3:00 pm and no student is allowed to work a full or part time job within that time period unless the iLearn administrator provides a letter of consent to the employer.
If a minor is being homeschooled the same rules apply unless there is a letter of consent from the parent/guardian conducting the homeschooling. Tenn. Code. Ann. § 50-5-105 (c) The iLearn Institute is a public school and not a homeschool program so a parent can not provide consent to the employer for their student to work during school hours.
A program or activity funded as part of a 21st Century Community Learning Center providing before and after school activities to advance student academic achievement must undergo periodic evaluation to assess its progress toward achieving its goal of providing high-quality opportunities for academic enrichment. The results of evaluations shall be made available to the public upon request, with public notice of such availability provided [ESEA §4205(b)(2)].
If a school district requests the U.S. Secretary of Education to waive any provision or regulation of the ESEA, it must provide notice and information about the waiver to the public in the manner in which it customarily provides public notice [20 U.S.C. §7861(b)(3)(B)] [ESEA Title IX, Part D, §8401(b)(3)(B)(ii)].
The Every Student Succeeds Act (ESSA) was signed by President Obama on December 10, 2015. The new law builds on key areas of progress in recent years, made possible by the efforts of educators, communities, parents, and students across the country. The previous version of the law, the No Child Left Behind (NCLB) Act, was enacted in 2002.
The new bill helps to ensure opportunity for all students by:
In compliance with legislation, parents must be informed of their rights as they pertain to federal projects. Please note the following:
The district’s parental involvement policy can be reviewed at the Central Office located at 200 East Broadway.
Title I, Part A-- Improving Academic Achievement
Title I, Part C-- Education for Migratory Children
Title I, Part D-- Programs for Children and Youth who are Neglected, Delinquent, or At Risk
Title III - English Language Acquisition, Language Enhancement, and Academic Achievement
Title IX-- Homeless and Miscellaneous
Parents have the right to request their child’s name, address, and telephone number not be released to a military recruiter without prior written consent.
Parents have the right to transfer their child to another school if they are the victim of a violent crime at school.
Lenoir City Schools participates in the Title IV, 21st Century Schools. Information regarding the program may be reviewed at the Central Office located at 200 East Broadway.
Lenoir City Schools offers a free, appropriate public education to all children between the ages of 3 and 22 who have been identified with a disability. A continuum of services is available to students eligible for special education, including related services and special accommodations. Evaluation for special education or Section 504-related services is available upon parental request.
Students shall be provided a learning environment free from sexual, racial, ethnic and religious discrimination/harassment. It shall be a violation of this policy for any employee or any student to discriminate against or harass a student through disparaging conduct or communication that is sexual, racial, ethnic or religious in nature. The following guidelines are set forth to protect students from discrimination/harassment.
Student Discrimination/Harassment will not be tolerated. Discrimination/Harassment is defined as conduct, advances, gestures or words (either written or spoken) of a sexual, racial, ethnic, or religious nature which:
Students shall be provided a safe learning environment. It shall be a violation of this policy for any student to bully, intimidate or create a hostile educational environment for another student. Bullying and intimidation are defined as either physically harming a student or damaging his/her property, or knowingly placing the student in reasonable fear of such, causing emotional distress or creating a hostile educational environment. Cyber Bullying means bullying undertaken through the use of electronic devices. The policy addresses conduct taking place on school grounds, at any school-sponsored activity, on school-provided transportation, or at any official school bus stop immediately before boarding and immediately following deboarding. Alleged victims of the above-referenced offenses shall report these incidents immediately to a teacher, counselor or building administrator. Any allegations shall be fully investigated by a complaint manager (as set forth in Student Concerns, Complaints and Grievances 6.305).
The privacy and anonymity of all parties and witnesses to complaints will be respected. However, because an individual's need for confidentiality must be balanced with obligations to cooperate with police investigations or legal proceedings, to provide due process to the accused, to conduct a thorough investigation or to take necessary action to resolve a complaint, the identity of parties and witnesses may be disclosed in appropriate circumstances to individuals with a need to know.
A substantiated charge against an employee shall result in disciplinary action up to and including termination. A substantiated charge against a student may result in corrective or disciplinary action up to and including suspension.
There will be no retaliation against any person who reports harassment or participates in an investigation. However, any employee who refuses to cooperate or gives false information during the course of any investigation may be subject to disciplinary action. The willful filing of a false report will itself be considered harassment and will be treated as such.
An employee disciplined for violation of this policy may appeal the decision by contacting the Federal Rights Coordinator or Pam Sims. Any student disciplined for violation of this policy may appeal the decision in accordance with disciplinary policies and procedures.
Decisions made by school personnel - such as aides, teachers, or assistant principals - which students believe are unfair or in violation of pertinent policies of the Board or individual school rules may be appealed to the school principal or a designated representative. To appeal, students will contact the principal’s office in their school and provide their name, the issue and the reason for their appeal on a printed form available at the school office within two days. The appeal will usually be decided confidentially and promptly, preferably within two school days.
However, if the principal does not make a decision within five school days following the date of complaint, students or parents may appeal at that time by contacting the director of schools/designee at the central office. The information provided should include the student’s name, the school and a description of the problem.
An investigation and decision will be made within two (2) school days and communicated to the school principal and student by telephone. A written copy of the decision also will be sent to the student and the principal.
Filing a Complaint
Any student of this school district who wishes to file a discrimination/harassment grievance against another student or an employee of the district may file a written or oral (recorded, if possible) complaint with a complaint manager.1 Students may also report an allegation of discrimination/harassment/bullying to any teacher or other adult employed in the school who shall inform a complaint manager of the allegation. The complaint should include the following information:
Identity of the alleged victim and person accused;
Investigation
Within twenty-four hours of receiving the student’s complaint, the complaint manager shall notify the complaining student’s parent/guardian and the principal, or the principal’s designee, who shall inform the director of schools. The parent/guardian shall be given notice of the right to attend an interview of the student in a non-intimidating environment in order to elicit full disclosure of the student’s allegations. This interview shall take place within five (5) days from the time the complaint was first made. If no parent/guardian attends the interview, another adult; mutually agreed upon by the student and the complaint manager, shall attend and may serve as the student’s advocate. After a complete investigation, if the allegations are substantiated, immediate and appropriate corrective or disciplinary action shall be initiated. The complaint and the identity of the complainant will not be disclosed except (1) as required by law or this policy; or (2) as necessary to fully investigate the complaint; or (3) as authorized by the complaint. A school representative will meet with and advise the complainant regarding the findings, and whether corrective measures and/or disciplinary action were taken. The investigation and response to the complainant will be completed within thirty (30) school days. Copies of the report will be sent to the student, principal, Federal Rights Coordinator and the director of schools. One copy shall be kept in the complaint manager’s file for one (1) year beyond the student’s eighteenth (18th) birthday. The director of schools shall keep the Board informed of all complaints. Following an investigation regarding bullying or cyberbullying, harassment or intimidation, the Complaint Manager shall report to the Chairman of the Board and the director of schools the findings and any disciplinary action taken.
Decision and Appeal
If the complainant is not in agreement with the findings of fact as reported by the complaint manager, an appeal may be made, within five (5) work days to the director of schools. The director of schools will review the investigation, make any corrective action deemed necessary and provide a written response to the complainant. If the complainant is not in agreement with the director of schools’ findings of fact, appeal may be made to the Board of Education within five (5) work days. The Board shall, within thirty (30) days from the date the appeal was received, review the investigation and the actions of the director of schools and may support, amend or overturn the actions based upon review and report their decision in writing to the complainant.
The complaint manager is:
Dr. Chris Smallen, 200 East Broadway, Lenoir City, TN.
865-988-1934
c@lenoircityschools.net
Notification of Rights under FERPA for Elementary and Secondary Schools
These rights are:
The right to inspect and review the student’s education records within 45 days of the day the school receives a request for access. Parents or eligible students should submit to the school principal (or appropriate school official) a written request that identifies the 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 right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate. Parents or eligible students may ask the school to amend a record that they believe is inaccurate. They should write to the school principal (or appropriate school official), clearly identify the part of the record they want changed, and specify why it is inaccurate. 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 him/her of his/her 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.
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 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 responsibility. Upon request, the school discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school district to comply with the requirements of FERPA. The name and address of the office that administers FERPA are:
Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-5901
PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:
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 (ED) -
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; or
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 nonemergency, invasive physical exam 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 State law; and
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; and
Instructional material used as part of the educational curriculum.
These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law. Lenoir City School District has developed and adopted policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. Lenoir City Schools will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. Lenoir City Schools will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey. Lenoir City Schools will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement:
Parents 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. 20202-5901
The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Lenoir City Schools, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child's education records. However, Lenoir City Schools may disclose appropriately designated "directory information" without written consent, unless you have advised the District to the contrary in accordance with District procedures. The primary purpose of directory information is to allow the Lenoir City Schools to include this type of information from your child's education records in certain school publications.
Examples include:
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, 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 have advised the LEA that they do not want their student's information disclosed without their prior written consent.
If you do not want Lenoir City Schools to disclose directory information from your child's education records without your prior written consent, you must notify the District in writing. Lenoir City Schools has designated the following information as directory information:
Weight and height of members of athletic teams
Electronic mail address
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