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April 23, 2015
Dear Colleague:
Charter schools need boards that govern for greatness. And as leadership author Jim Collins
reminds us in his book Good to Great, “Greatness is not a function of circumstance, greatness
is largely a matter of conscious choice, and discipline.”
As the Board of Directors for a public school academy, we want you to choose greatness and
model the way for the school you govern. We also want to help you focus on what truly matters
– ensuring your students are prepared to succeed in college, work and life.
To this end, we are pleased to provide you with the enclosed Spring 2015 Board Policy Update
packet. By providing you with this service of concise, organized and legally reviewed policies, it
is our hope that you will be able to focus more time on what truly matters and also ensure that
your board has properly adopted the policies it needs to provide clear guidance and direction for
the school.
We sincerely value our relationship with you and are constantly looking for ways in which we
can improve our service to better meet your needs. If you ever need support to better
understand and leverage your policies, please don’t hesitate to call on us. We also believe in
continuous improvement, so we’d love any suggestions you might have for making the policy
service even better.
As always, thanks for your commitment and service to our students and our great state of
Michigan!
Best Wishes,
James N. Goenner, Ph.D.
President & CEO
Enclosures
711 West Pickard Street, Suite M • Mt. Pleasant, Michigan 48858
Phone: (989) 317-3510
www.CharterInstitute.org
page 1 of 8
SPRING 2015 UPDATE
OVERVIEW AND COMMENTS
Please do not retype National Charter Schools Institute (“Institute”) materials before returning
them for processing. We prefer to have the original materials returned after you have marked
them indicating which changes and additions you choose to have/not have for your Academy.
If a Academy chooses not to adopt a policy or administrative guideline, the Academy is still
obligated to follow applicable Federal and State laws relating to that topic.
The proposed new, revised, and replacement policies, administrative guidelines and forms
included in this update have been thoughtfully prepared and reviewed by National Charter
Schools Institute’S legal counsel for statutory compliance. If you make changes, or substitute
in its entirety policies or other materials of your own drafting, those materials should be
reviewed by your legal counsel to verify compliance. National Charter Schools Institute does
not review Academy-specific edits to update materials or Academy-specific policies for
statutory compliance.
If a policy or guideline is marked as a revision, the changes have been marked in bold (to add
material) and crossed out (to delete material). As you review a revised policy or guideline,
you may choose to accept one, many or all of the changes provided. If a policy or guideline is
marked as a replacement, that means there have been enough changes made that justify a
complete, clean replacement copy.
If the Academy authors language and adds it to a policy template or deletes content that is
not marked as a choice in the policy template, then these actions will constitute Academy-
specific edits.
Policies that are to be deleted from the policy manual require Board action to rescind the
policy.
Your National Charter Schools Institute Associate will contact you in the near future to
schedule an appointment to review this update and ensure you are current on this and
previous updates. It is expected that all appointments will have been completed with the
appropriate documents received for processing by June 30, 2015.
If you are not an administrative guidelines client, you will not need to fill out the administrative
guideline-specific materials in this packet. If you are interested, please contact your
Associate for more information about becoming an administrative guidelines client.
page 2 of 8
Processing Update Materials
If you will be making changes to these Update documents electronically, use Microsoft Word’s
“Track Changes” tool to mark the National Charter Schools Institute materials indicating which
of the proposed revisions and additions you choose to include or not include for your
Academy, or to make additional edits, before returning them electronically for processing. Be
sure to leave the “track changes” and marked up version as the one you submit to the
Institute office.
Academy-Specific Material
If the Academy chooses, during any step of the Update process, to incorporate Academy-
specific material into a new policy or guideline that has been proposed or to insert Academy-
specific material into a current policy or guideline for which revisions have been proposed in
an update issued by National Charter Schools Institute, then the Academy agrees to hold
National Charter Schools Institute harmless for those Academy-specific edits. In addition,
National Charter Schools Institute retains ownership of the text from the original policy
template that remains in a policy to which Academy-specific material has been added.
Academy-specific materials include the following:
A. Materials from the Academy’s existing materials that the Academy requests be
incorporated during the drafting process;
B. New materials that the Academy develops in their entirety and exclusive of
National Charter Schools Institute; and
C. Revisions or deletions that substantively depart from National Charter Schools
Institute’s templates.
Further, National Charter Schools Institute does not recommend the use or
incorporation of Academy-specific materials. National Charter Schools Institute will, at
the request of the Academy, incorporate Academy-specific materials into the licensed
materials, with the implicit understanding that the Academy bears all risks associated with the
Academy’s decision to request that such Academy-specific materials be incorporated.
National Charter Schools Institute reserves the right to, but is not obligated to, advise the
Academy to seek its own legal review of Academy-specific materials.
Notice Regarding Legal Accuracy
National Charter Schools Institute is vigilant in providing policy language to clients that has
been vetted for legal accuracy by Michigan legal counsel. Should any question arise as to the
legal compliance or accuracy of National Charter Schools Institute materials, it is our
expectation that National Charter Schools Institute’s counsel will have the opportunity to
assist in the resolution of such a claim. Please notify the National Charter Schools Institute
corporate office if an issue arises in which such a review or assistance is necessary.
Policies in this update have been reviewed by Clark Hill, PLC for consistency with Federal
and State law.
page 3 of 8
Reminders
• The Internal Revenue Service (IRS) issued Notice 2013-80 which provides the 2015
mileage rate at 57.5 cents per mile for business travel.
• The U.S. Department of Labor maintains regulatory authority over state and local
government employers, including academies. Note that the following federal laws
have poster requirements which apply to Academies (no Federal or Federally-assisted
contracts or subcontracts):
o The Employee Polygraph Protection Act (EPPA)
o The Fair Labor Standards Act (FLSA)
o The Family and Medical Leave Act (FMLA)
o Uniformed Services Employment and Reemployment Rights Act (USERRA)
o Whistleblower Protections
In addition, certain organizations may be required to display posters that can only be obtained
from DOL's Office of Workers' Compensation Programs (OWCP). More information on these
posters is available. Links to all federal employment posters are always available on the
Poster Page as are answers to frequently asked questions. Note that Academies with federal
or federally-assisted contracts or subcontracts may have additional requirements.
Legal Alert
Included with this update are 3 legal alerts printed on green paper. These legal alerts include:
1. Bullying and Special Education Students.
2. Meeting the Communication Needs of Students with Hearing, Vision, or Speech
Disabilities.
3. Changes to FOIA.
BYLAWS AND POLICIES
Human Resources
Policy 1240 – Evaluation of the School Leader/Educational Service Provider
(Revised)
Policy 1420 – School Administrator Evaluation (Revised)
Policy 3220 – Teacher Evaluation (Revised)
AG 3220A – Evaluation of Staff (DELETE)
These policies have been updated to comply with the changes to M.C.L. 380.1249,
including the current requirements relating to use of student growth as a factor in the
evaluation process, mid-year reviews for certain staff, and the required rating
categories. The policies now provide similar review criteria for staff and administration
as required by applicable statutory language. Additionally, AG 3220A should be
deleted since all necessary language has been included in Policy 3220.
page 4 of 8
These revisions reflect the current state of the law and regulations and should be
adopted to maintain accurate policies.
Policy 3120 – Employment of Professional Staff (Revised)
Policy 4120 – Employment of Support Staff (Revised)
Language in these policies has been updated to reflect current “Highly Qualified”
certification requirements.
This revision reflects the current state of the law and regulations and should be
adopted to maintain accurate policies.
Policy 3139 – Staff Discipline (Deleted)
This Policy Does not apply to Charter Schools. Discipline will either be administered
by the Educational Service Provider or in accordance with the employee handbook
and/or individual contract of employment.
Student Safety and Welfare
Policy 5320 – Immunization (Revised)
AG 5320 - Immunization of Students in School (Revised)
In December, 2014, the Joint Committee on Administrative Rules approved a new
educational requirement for Michigan parents seeking a non-medical waiver from the
vaccination requires for their children. The new rule requires parents/guardians to
speak with a health educator from their local health department regarding the benefits
of vaccination and the risks to the individual and the community from not getting
vaccinated. The county health department will provide the non-medical waiver form to
the parent, which the Academy must honor. The new rule became effective January
1, 2015.
Additionally, the Department of Health and Human Services (DHHS) is duly noted in
both the policy and guideline in recognition that the Michigan Department of
Community Health and the Department of Human Services (formerly Family
Independence Agency) have been consolidated.
These revisions reflect the current state of the law and regulations and should be
adopted to maintain accurate policies and guidelines.
Policy 5350 – Student Suicide (Revised)
AG 5350 – Suicide Intervention Process (Revised)
These revisions reflect recent guidance from the American Foundation for Suicide
Prevention regarding assessment and intervention strategies.
These revisions are recommended but not required.
page 5 of 8
Policy 5517.01 – Bullying and Other Aggressive Behavior Toward Students
(Revised)
Revisions to this policy reflect the changes enacted by Public Act 478 of 2014.
Academies are required to file updated policies with the Michigan Department of
Education (MDE) not later than May 31, 2015.
These revisions reflect the current state of the law and should be adopted to maintain
accurate policies.
Policy 8400 – Academy Safety Information (Revised)
AG 8400A – Threat Assessment and Intervention (New)
This policy and guideline were revised to include additional, optional language dealing
with threat assessment.
The threat assessment content is recommended, but not required.
Policy 2260.01 – Section 504/ADA Prohibition Against Discrimination Based on
Disability (Revised)
Language has been added to this policy in response to the Office for Civil Rights requirement
that students and their parents be notified of their right to participation and representation
during all steps of due process.
These revisions reflect the current state of the law and should be adopted to maintain
accurate policies.
Policy 5112 – Entrance Age (Revised)
Revisions are necessary due to the passage of Public Act 479 of 2014. Entrance age has
been revised to September 1.
Revisions to this policy reflect the current state of the law and should be adopted to maintain
accurate policies.
Policy 5114 – Foreign and Foreign-Exchange Students (Revised)
The revisions proposed to this policy address the requirements set forth in current Federal
law pertaining to nonimmigrant students who have citizenship in countries other than the
United States and who enter the U.S. on either an J-1 or F-1 Visa to attend high school in the
United States. Students who have a J-1 Visa are what we have traditionally thought of as
foreign exchange students. The Academy can also choose to sponsor nonimmigrant
students who have citizenship in countries other than the United States who seek admission
to the United States to study for up to one academic year. If the Academy agrees to sponsor
a nonimmigrant student who has citizenship in a country other than the United States so that
student is able to apply for a F-1 Visa.
These revisions reflect the current state of the law and should be adopted to maintain
accurate policies.
page 6 of 8
Policy 5460 – Graduation Requirements (Revised)
Revisions to this policy reflect the changes required by law and the Michigan Department of
Education (MDE).
These revisions reflect the current state of the law and should be adopted to maintain
accurate policies.
Policy 8390 – Animals on Academy Property (Revised)
National Charter Schools Institute originally revised Policy 8390 in 2013 to ensure that all
persons who bring animals (including service animals) onto school property are treated in an
equal and nondiscriminatory manner – i.e., the policy holds each person to the same
standards and requirements, regardless of the purpose for which the animal was coming onto
school property. While that requirement is consistent with Section 504’s nondiscrimination
provisions concerning students’ equal access to the Academy’s programs, activities and
facilities when compared to nondisabled individuals, over the past two years, the Department
of Justice – pursuant to its authority to enforce Title II of the Americans with Disabilities Act,
as amended (ADA) – has actively investigated and challenged Title II public entities that place
any restrictions on the ability of a person to bring a service animal on or into the public entity’s
facilities.
Pursuant to guidance issued by the Department of Justice, public entities may only ask: (1) is
the dog a service animal required because of a disability, and (2) what work or task has the
dog been trained to perform. Thus, while service animals in general may be subject to state
and county laws, regulations and ordinances pertaining to their licensing, vaccination and
veterinary requirements, a public entity may not inquire about those topics.
National Charter Schools Institute has, therefore, revised Policy/AG 8390 to reflect the
Department of Justice’s strict interpretation of this limitation. Additionally, while a service
animal may, in some limited circumstances, be a component of a student’s individualized
education program (“IEP”) or Section 504 Plan, those processes cannot serve as a
mechanism to limit a student’s ability to be accompanied by a service animal if the animal is
required because of the student’s disability and has been trained to perform work or a task
specific to the student and his/her disability. Finally, the Policy continues to reflect that
employees who wish to utilize a service animal remain subject to the reasonable
accommodation provisions of Title I of the ADA.
The revisions to this policy reflect the current state of the law and should be adopted to
maintain accurate policies.
page 7 of 8
ADMINISTRATIVE GUIDELINES
AG 2260.01B – Section 504/ADA Parents’ Procedural Rights, Including Due Process
Hearing (Revised)
See note on Policy 2260.01.
AG 5460 – Graduation Requirements (Revised)
See note on Policy 5460.
AG 5460.01 – Graduation Requirements Career and Technical Education (CTE) (New)
See note on Policy 5460.
AG 7540.04 - Staff Education Technology Acceptable Use and Safety (Revised)
This guideline is being revised to clarify client concerns regarding confidentiality
requirements.
AG 8310A – Public Records (Revised)
See Legal Alert #3 in this Update.
AG 8390 - Use of Service Animals (Revised)
See note on Policy 8390.
AG 8420 – Emergency Situations at the Academy (Revised)
This guideline has been revised to bring it up-to-date with current requirements regarding
school safety drills.
AG 9160A - Accessibility of Academy Facilities (Revised)
This guideline is revised to reflect the requirements outlined in Legal Alert #2 in this Update.
FORMS
Form 5320 F3 – Immunization Waiver (DELETE)
As a result of recent communications with representatives from the Michigan Department of
Community Health (MDCH), it is recommended that Academies utilize the forms provided by
MDCH for reporting required information.
You may readily access MDCH forms electronically, using their website:
http://www.michigan.gov/mdch
page 8 of 8
Form 8400 F1 – Documentation Pertaining to Threat Assessment and Intervention
(New)
See note on Policy 8400.
COMMENTS
Electronic Access to Management Documents
If you are interested in finding out more about National Charter Schools Institute’s system for
producing the Academy’s policies, guidelines, and forms, ask your National Charter Schools
Institute associate for a demonstration in your office. All that is required is that you have a
computer and access to the Internet.
Reviewing Board Minutes
A feature of your subscription to the Update Service is the review of your Academy’s Board
minutes to identify action that results in new policy or revision to existing policy. If such action
has been taken and copies of the related materials have not been submitted to the Institute,
the Academy will be contacted and additional information regarding the action will be
requested. Please take advantage of this valuable service by sending copies of your Board
minutes to the Institute for review.
BRITTON, SMITH, PETERS & KALAIL CO., L.P.A.
ATTORNEYS AT LAW
LEGAL ALERT
To: NEOLA/National Charter Schools Institute Clients
From: NEOLA Counsel
Re: Meeting the Communication Needs of Students with Hearing, Vision, or
Speech Disabilities
Date: January, 2015
On November 12, 2014, the Office for Civil Rights (“OCR”) issued guidance to enable children
with hearing, vision, or speech disabilities to communicate effectively in school. OCR’s
guidance focuses on Title II of the Americans with Disabilities Act of 1990 (“Title II), and how it
compares with the Academy’s obligations under the Individuals with Disabilities Education
Improvement Act (“IDEA”).
General Title II Obligations
Title II regulations require academies to provide disabled individuals with equal opportunities to
participate in, and benefit from, all school activities. Specifically, public schools must provide
auxiliary aids and services to ensure that communication with disabled students is as effective
as communications with students without disabilities. These auxiliary aids and services should
be offered in an accessible format, timely manner, and in a way that protects the child’s privacy
and independence. Examples include interpreters, computer-aided transcription services,
readers, audio-recordings, taped texts, large print materials, and text-to-speech technology.
In deciding which auxiliary aid or service is appropriate for each individual student, academies
must give primary consideration to the student’s request. In addition, the Academy should also
consider the number of people involved in the communication, the expected length of
interactions, and the communication content. OCR highlights the evolving nature of
communication and urges academies to reassess a student’s needs as circumstances and/or
technologies change.
Importantly, these Title II regulations apply not only to students, but to all who seek to benefit
from the school’s services, programs, or activities. For example, these rules apply to parent-
teacher conferences, ceremonies, field trips, registration, and open houses.
Academies cannot charge for the auxiliary aids or services. Further, they cannot ask the
disabled individual to bring an interpreter, unless that person specifically requests to do so.
Other than in an emergency, a minor cannot interpret for the disabled individual.
1
Title II Exceptions:
An Academy must provide a reasonable auxiliary aid or service unless it can prove that it would
result in: (1) a fundamental alteration in the nature of the service, program, or activity; or (2) an
undue financial and administrative burden.
If either applies, the Academy’s School Leader (or a designee) may formally refuse the request
by providing a written statement explaining either the fundamental alteration or undue burden.
Notably, a designee must have authority to make budgetary and spending decisions, and also
have enough knowledge to consider all Academy resources. If the Academy declines to provide
the aid or service, it prove the alteration is an undue burden, which the OCR specifically notes
to be unlikely.
Even if an Academy follows the above steps, it must still ensure the disabled individual
participates in the school’s programming and activities to the maximum extent possible.
Typically, this means the Academy has to provide a different auxiliary aid or service.
Comparison to IDEA Regulations:
• General Requirements: IDEA requires academies to prove students with a free
appropriate public education (“FAPE”), one that provides a meaningful educational
benefit. Title II goes beyond that obligation. First, it mandates academies ensure
communications with disabled individuals are as effective as those with people without a
disability. Next, it requires academies provide disabled individuals an equal opportunity
to participate in, and enjoy the benefits of, the Academy’s services and programs. When
an Academy provides FAPE, for example, but fails to ensure that communication with
that student is as effective as communication with non-disabled students, it has not met
its responsibility under Title II.
In deciding which auxiliary aids or services meet the child’s needs, therefore, any IEP
team must use the Title II standards, not IDEA regulations.
• The IEP Process: An IEP is not a prerequisite to auxiliary aids and services; Title II
also protects students without an IEP. The Academy, accordingly, must provide aids
and services during any evaluation or identification process. Additionally, parents may
request aids and services as part of the IEP, but they do not have to make a specific
request. If the Academy knows the student needs assistance with communication, it
must provide effective communication services, even without a parent’s specific request.
Academies should review children’s auxiliary aids and services at least annually or
whenever the parent requests a change. The obligation to provide effective
communication under Title II is ongoing.
2
• Funding: Academies may use IDEA funds for Title II aids and services if, and only if,
those aids and services are also needed to provide FAPE under the IDEA. These aids
and services must be delineated in the student’s IEP.
Notification: Academies may determine who receives requests for auxiliary aids and services,
and should notify parents and staff of that individual’s identity and contact information.
Typically, this is the ADA coordinator or his/her designee. The IEP team coordinator may serve
as the designee for IEP-eligible students. The individual deciding fundamental alteration or
undue burden issues, however, must have authority to make budgetary and spending decisions
and enough knowledge to consider all Academy resources.
Academies must also notify parents about their complaint options and the Academy’s grievance
process.
In sum, meeting special education obligations does not always relieve academies of their
obligations under Title II. Academies should ensure their administrators are aware of the
different standards and legal requirements.
If you have any questions concerning these guidelines, you should address them directly with
your board’s legal counsel.
This legal alert is intended as general information and not legal advice. No attorney-
client relationship exists. If legal advice is required, obtain the services of an attorney.
3
BRITTON, SMITH, PETERS & KALAIL CO., L.P.A.
ATTORNEYS AT LAW
LEGAL ALERT
To: NEOLA/National Charter Schools Institute Clients
From: NEOLA Counsel
Re: Bullying and Special Education Students
Date: December, 2014
On October 21, 2014, the Office for Civil Rights (“OCR”) issued guidance related to bullying and
students with special education needs. In addition to emphasizing that ignoring disability-based
bullying violates federal law, OCR notified districts that even general bullying may violate a
disabled student’s educational rights.
As OCR noted in previous guidance documents, districts are obligated to: (1) take prompt and
effective steps reasonably calculated to end disability-based bullying; (2) eliminate the hostile
environment; (3) prevent recurrence; and (4) remedy its effects. If the district suspects that such
bullying affected the child’s free appropriate public education (“FAPE”) under either the IDEA or
Section 504, it must address this concern and remedy possible FAPE-related effects.
After reiterating the above, OCR clarifies that even bullying not based on protected status can
affect FAPE. When a child with an Individualized Education Program (“IEP”) or a Section 504
plan is bullied on any basis, OCR now requires the team to meet and address FAPE concerns.
The team must determine whether the bullying changed the child’s needs such that the IEP no
longer provides a meaningful educational benefit. If so, the team must determine whether the
student needs additional or different services and revise the IEP.
Parents, OCR emphasizes should participate in these decisions, and when possible, the student
should remain in his or her original placement. Victims should not bear the burden to avoid or
handle the bullying, and teams, warns OCR, need to be cautious in considering a change in
placement or service location.
Although OCR does not provide clear-cut rules controlling when a District should convene its
IEP/ Section 504 teams, it does offer several examples. A sudden decline in grades, increased
emotional outbursts or behavioral interruptions, or a rise in missed classes or services would
trigger an IEP/Section 504 meeting. In contrast, one low grade incident for a student who
shows no other changes in academic progress or behavior would not trigger a duty to meet. In
short, unless it is clear that the bullying did not affect the child’s FAPE, best practice requires
the team to meet. Again, the meeting must seek to determine whether the child’s needs
changed, how FAPE was impacted, and whether the student needs additional or different
services.
When investigating general bullying complaints against disabled students, OCR will first
examine whether the school knew or should have known that the bullying may have affected
FAPE. If so, OCR will determine whether the school promptly convened to address the
aforementioned IEP/Section 504 questions.
In sum, districts should red flag students with IEPs or Section 504 plans – or their parents – who
file bullying complaints. Especially when the incident is serious or repeated, the team should
meet as soon as possible to consider whether the bullying affected the child’s FAPE and what
services need to be added or changed.
If you have any questions concerning this guidance from OCR, you should address them
directly with your board’s legal counsel.
This legal alert is intended as general information and not legal advice. No attorney-
client relationship exists. If legal advice is required, obtain the services of an attorney.
LEGAL ALERT
To: NEOLA/National Charter Schools Institute Clients
From: NEOLA
Re: Changes to FOIA, Effective July 1, 2015
Date: February, 2015
The legislature recently implemented changes to the Michigan Freedom of Information Act
("FOIA"). These changes go into effect July 1, 2015. This legal alert is intended to provide an
overview of the most significant revisions to allow the Clients to make necessary changes to
practices and procedures and familiarize appropriate staff with the new obligations and
requirements. This alert does not cover every change and we recommend that current
practices and procedures be reviewed with legal counsel to determine what, if any, actual
changes need to be made.
Significant Changes Regarding Fees
The revisions to the law include many changes to how a public body may charge fees for
responding to FOIA requests. The most notable changes limit a public body to charging only
certain categories of fees and require specific and detailed notice be provided to the public
regarding what fees may be charged.
A public body is now required to develop and use a standard form to provide a detailed
itemization of any fee amount it has or will charge in its response to written requests under
FOIA. The allowable charges are limited to six fee components and restrictions are placed on
how the fees must be calculated by the public body in each of these components. For example,
charges for paper copies are limited to 10 cents per sheet, excluding the other allowable costs.
One component – labor costs relating to separating exempt from nonexempt information – may
be contracted out in certain circumstances and charged at a higher rate as described in the
statute. Labor costs may include a fringe benefit multiplier of up to 50%.
A good faith deposit of not more than 1/2 of the total estimated fee may be requested if the fee
estimate or charge exceeds $50. If this occurs, the public body must also include a best efforts
estimate of the time frame it will take for it to comply with the request with the total fee estimate.
No fees may be charged for information available on a Client's website, unless paper copies are
requested after the requester is informed by the public body of the availability of the materials
on the website. A public body may refer the requester to the website in lieu of providing the
information. Additionally, if an employee receives a verbal request for information that is
available on the website, he/she must inform the requester of its availability and location on the
website.
In addition to changes to allowable fees, the revisions include additional mandates for how to
assess and treat requests from indigent individuals and nonprofit organizations. A 100%
deposit may be required from individuals who have requested, but not paid for, records in the
past, with certain specified limitations.
Access to Information
If a requester asks for records via nonpaper physical media, the public body must comply with
this request if it is technologically capable of doing so.
A public body is now required to establish procedures and guidelines to implement FOIA. A
public body must also create a written public summary of the procedures and guidelines
explaining to the public how to submit a request, how to understand a response, deposits, and
fees, and how to appeal an adverse decision in "a manner so as to be easily understood by the
general public." This should be prepared by each Client based on its particular procedures.
The procedures, guidelines, and written summary must be posted on a public body's website
and must be made available for free with each written response to a FOIA request and upon
request. These may be provided in a written response by providing a link to the appropriate
web page, as opposed to producing paper copies.
Time for Response/Failure to Respond
The revisions allow for relief from the response time requirements if a written request is
submitted electronically and ends up in the public body's spam or junk mail folder. If that
happens, the request is not considered received until 1 day after the public body first becomes
aware of the request.
If a public body does not respond in a timely manner, if must reduce charges for permissible
labor costs as described in the statute (5% per day up to a 50% maximum). However, this
reduction is only required if: 1) the failure was willful and intentional, or 2) the request included
certain terms or words within the first 250 words such that the entity should have realized it was
a FOIA request.
Penalties/Remedies
The civil fines for an "arbitrary and capricious" violation of the act have increased to $1,000.
Additional civil fines of $2,500 - $7,500 are required to be assessed against a public body if a
court finds the public body willfully and intentionally failed to comply or otherwise acted in bad
faith.
The requesters have two options if the public body charges an excessive fee: 1) appeal to the
head of the public body, if permitted by the procedures and guidelines, or 2) initiate a civil action
in the circuit court. If an appeal to the head of the public body is appropriate, the head of the
public body must take action within 10 business days after receiving the appeal.
If you have any questions concerning the information in this alert, you should address them
directly with your board’s legal counsel.
This legal alert is intended as general information and not legal advice. No attorney-
client relationship exists. If legal advice is required, obtain the services of an attorney.
Board Policy Service – SPRING 2015 Update Summary
Client Name: Meeting Date:
Client Rep: Institute Faculty:
E-Mail Address:___________________________
** Return a copy of this document along with the draft documents for processing **
Bachman
Esch
Halik
Hartman
Yates
BOARD POLICIES
Policy No. Policy Title New/
Revise/
Replace/
Delete
Is
the Policy
Legally
Required?
(Y/N)
Summary
1240
1420
3220
Evaluation of the
Educational Service
Provider
Academy Administrator
and School Leader
Evaluation
Teacher Evaluation
Revised
Revised
Revised
Y
Y
Y
These policies have been updated to comply with the
changes to M.C.L. 380.1249, including the current
requirements relating to use of student growth as a
factor in the evaluation process, mid-year reviews for
certain staff, and the required rating categories. The
policies now provide similar review criteria for staff and
administration as required by applicable statutory
language. Additionally, AG 3220A should be deleted
since all necessary language has been included in
Policy 3220.
These revisions reflect the current state of the law and
regulations and should be adopted to maintain
accurate policies.
2260.01 Section 504/ADA
Prohibition Against
Discrimination Based on
Disability
Revised Y Language has been added to this policy in response to
the Office for Civil Rights requirement that students
and their parents be notified of their right to
participation and representation during all steps of due
process.
These revisions reflect the current state of the law and
should be adopted to maintain accurate policies.
3120
4120
Employment of Teachers
and Administrators
Employment of Staff
Revised
Revised
Y
Y
Language in these policies has been updated to reflect
current “Highly Qualified” certification requirements.
This revision reflects the current state of the law and
regulations and should be adopted to maintain
accurate policies.
3139 Staff Discipline Deleted N Does not apply to Charter Schools. Discipline will
either be administered by the Educational Service
Provider or in accordance with the employee
handbook and/or individual contract of employment.
5112 Entrance Age Revised Y Revisions are necessary due to the passage of Public
Act 479 of 2014. Entrance age has been revised to
September 1.
Revisions to this policy reflect the current state of the
law and should be adopted to maintain accurate
policies.
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Board Policy Service – Fall 2014 Update Summary
Page 2 of 5
5114 Foreign and Foreign-
Exchange Students
New Y The revisions proposed to this policy address the
requirements set forth in current Federal law pertaining
to nonimmigrant students who have citizenship in
countries other than the United States and who enter
the U.S. on either an J-1 or F-1 Visa to attend high
school in the United States. Students who have a J-1
Visa are what we have traditionally thought of as
foreign exchange students. The Academy can also
choose to sponsor nonimmigrant students who have
citizenship in countries other than the United States
who seek admission to the United States to study for
up to one academic year. If the Academy agrees to
sponsor a nonimmigrant student who has citizenship in
a country other than the United States so that student
is able to apply for a F-1 Visa.
These revisions reflect the current state of the law and
should be adopted to maintain accurate policies.
5114A Foreign Students on Visa Deleted Y The language in this policy is duplicated in other
policies.
5320 Immunization Revised Y In December, 2014, the Joint Committee on
Administrative Rules approved a new educational
requirement for Michigan parents seeking a non-
medical waiver from the vaccination requires for their
children. The new rule requires parents/guardians to
speak with a health educator from their local health
department regarding the benefits of vaccination and
the risks to the individual and the community from not
getting vaccinated. The county health department will
provide the non-medical waiver form to the parent,
which the Academy must honor. The new rule became
effective January 1, 2015.
Additionally, the Department of Health and Human
Services (DHHS) is duly noted in both the policy and
guideline in recognition that the Michigan Department
of Community Health and the Department of Human
Services (formerly Family Independence Agency) have
been consolidated.
These revisions reflect the current state of the law and
regulations and should be adopted to maintain
accurate policies and guidelines.
5350 Student Suicide Revised Y These revisions reflect recent guidance from the
American Foundation for Suicide Prevention regarding
assessment and intervention strategies.
These revisions are recommended but not required.
5460 Graduation Requirements Revised Y Revisions to this policy reflect the changes required by
law and the Michigan Department of Education (MDE).
These revisions reflect the current state of the law and
should be adopted to maintain accurate policies.
5517.01 Bullying Replaced Y Revisions to this policy reflect the changes enacted by
Public Act 478 of 2014. Academies are required to file
updated policies with the Michigan Department of
Education (MDE) not later than May 31, 2015.
These revisions reflect the current state of the law and
should be adopted to maintain accurate policies.
8390 Animals on Academy
Property
Revised Y National Charter Schools Institute originally revised
Policy 8390 in 2013 to ensure that all persons who
bring animals (including service animals) onto school
© National Charter Schools Institute
Board Policy Service – Fall 2014 Update Summary
Page 3 of 5
property are treated in an equal and nondiscriminatory
manner – i.e., the policy holds each person to the
same standards and requirements, regardless of the
purpose for which the animal was coming onto school
property. While that requirement is consistent with
Section 504’s nondiscrimination provisions concerning
students’ equal access to the Academy’s programs,
activities and facilities when compared to nondisabled
individuals, over the past two years, the Department of
Justice – pursuant to its authority to enforce Title II of
the Americans with Disabilities Act, as amended (ADA)
– has actively investigated and challenged Title II
public entities that place any restrictions on the ability
of a person to bring a service animal on or into the
public entity’s facilities.
Pursuant to guidance issued by the Department of
Justice, public entities may only ask: (1) is the dog a
service animal required because of a disability, and (2)
what work or task has the dog been trained to perform.
Thus, while service animals in general may be subject
to state and county laws, regulations and ordinances
pertaining to their licensing, vaccination and veterinary
requirements, a public entity may not inquire about
those topics.
National Charter Schools Institute has, therefore,
revised Policy/AG 8390 to reflect the Department of
Justice’s strict interpretation of this limitation.
Additionally, while a service animal may, in some
limited circumstances, be a component of a student’s
individualized education program (“IEP”) or Section
504 Plan, those processes cannot serve as a
mechanism to limit a student’s ability to be
accompanied by a service animal if the animal is
required because of the student’s disability and has
been trained to perform work or a task specific to the
student and his/her disability. Finally, the Policy
continues to reflect that employees who wish to utilize
a service animal remain subject to the reasonable
accommodation provisions of Title I of the ADA.
The revisions to this policy reflect the current state of
the law and should be adopted to maintain accurate
policies.”
8400 Academy Safety
Information
Revised Y This policy and guideline were revised to include
additional, optional language dealing with threat
assessment.
The threat assessment content is recommended, but
not required.
ADMINISTRATIVE GUIDELINES/PROCEDURES
AG No. Procedure Title New/
Revise/
Replace/
Delete
Comment
2260.01B Section 504/ADA Parents’
Procedural Rights, Including
Due Process Hearing
Revised Language has been added to this policy in response to the Office
for Civil Rights requirement that students and their parents be
notified of their right to participation and representation during all
steps of due process.
These revisions reflect the current state of the law and should be
adopted to maintain accurate policies.
© National Charter Schools Institute
Board Policy Service – Fall 2014 Update Summary
Page 4 of 5
3220A Evaluation of Staff DELETE These policies have been updated to comply with the changes to
M.C.L. 380.1249, including the current requirements relating to use
of student growth as a factor in the evaluation process, mid-year
reviews for certain staff, and the required rating categories. The
policies now provide similar review criteria for staff and
administration as required by applicable statutory language.
Additionally, AG 3220A should be deleted since all necessary
language has been included in Policy 3220.
These revisions reflect the current state of the law and regulations
and should be adopted to maintain accurate policies.
5320 Immunization of Students
in School
Revised In December, 2014, the Joint Committee on Administrative Rules
approved a new educational requirement for Michigan parents
seeking a non-medical waiver from the vaccination requires for
their children. The new rule requires parents/guardians to speak
with a health educator from their local health department regarding
the benefits of vaccination and the risks to the individual and the
community from not getting vaccinated. The county health
department will provide the non-medical waiver form to the parent,
which the Academy must honor. The new rule became effective
January 1, 2015.
Additionally, the Department of Health and Human Services
(DHHS) is duly noted in both the policy and guideline in recognition
that the Michigan Department of Community Health and the
Department of Human Services (formerly Family Independence
Agency) have been consolidated.
These revisions reflect the current state of the law and regulations
and should be adopted to maintain accurate policies and
guidelines.
5350 Suicide Intervention
Process
Revised These revisions reflect recent guidance from the American
Foundation for Suicide Prevention regarding assessment and
intervention strategies.
These revisions are recommended but not required.
5460 Graduation Requirements Revised See note on Policy 5460.
5460.01 Graduation Requirements
Career and Technical
Education (CTE)
New See note on Policy 5460.
7540.04 Staff Education Technology
Acceptable Use and Safety
Revised This guideline is being revised to clarify client concerns regarding
confidentiality requirements.
8310A Public Records Replaced See Legal Alert #3 in this Update.
8310A
Appendix A
Freedom of Information
Act Written Summary
New This is a supplement for guideline 8310A.
8310A
Appendix B
Freedom of Information
Act Fee Itemization Form
New This is a supplement for guideline 8310A.
8390 Use of Service Animals Revised See note on Policy 8390.
8400A Threat Assessment and
Intervention
New This policy and guideline were revised to include additional,
optional language dealing with threat assessment.
The threat assessment content is recommended, but not required.
8420 Emergency Situations at
the Academy
Revised This guideline has been revised to bring it up-to-date with current
requirements regarding school safety drills.
9160A Accessibility of Academy
Facilities
Revised This guideline is revised to reflect the requirements outlined in
Legal Alert #2 in this Update.
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Board Policy Service – Fall 2014 Update Summary
Page 5 of 5
FORMS – All Forms are available for download on the Board Policy Portal
Form No. Form Title New/
Revise/
Replace/
Delete
Comment
5320F3 Immunization Waiver DELETE As a result of recent communications with representatives from the
Michigan Department of Community Health (MDCH), it is
recommended that Academies utilize the forms provided by MDCH
for reporting required information.
You may readily access MDCH forms electronically, using their
website: http://www.michigan.gov/mdch
8400 F1 Documentation Pertaining
to Threat Assessment and
Intervention
New See note on Policy 8400.
© National Charter Schools Institute
BOARD OF DIRECTORS ADMINISTRATION
ACADEMY NAME 1240/page 1 of 1
REVISED POLICY—SPRING 2015
EVALUATION OF THE [ ] EDUCATIONAL SERVICE
PROVIDER [ ] SCHOOL LEADER
The Board of Directors believes it is essential to evaluate the [ ] Educational Service
Provider’s [ ] School Leader’s performance periodically to assist both the Board and the [ ]
Educational Service Provider [ ] School Leader to properly discharge their responsibilities
and to enable the Board to provide the Academy with the best possible leadership. To carry
out this responsibility, the Board will evaluate the Educational Service Provider
according to the contract between the Board and the Educational Service Provider and
a mutually agreed-upon tool.
© National Charter Schools Institute
BOARD OF DIRECTORS STAFF
ACADEMY NAME 1420/page 1 of 3
REVISED POLICY—SPRING 2015
ACADEMY ADMINISTRATOR AND SCHOOL LEADER
EVALUATION
Reference: MCL 380.1249
[ ] The Board of Directors, through the powers derived from the School Code, including Section
1249 of the Michigan Revised School Code, MCL 380.1249, and other relevant statutes, is
responsible for the employment and discharge of the Educational Service Provider. To carry out
this responsibility it delegates to the Educational Service Provider, the function of establishing
and implementing a rigorous, transparent, and fair performance evaluation system that shall
conduct an annual evaluation of the School Leader in accordance with all the
requirements of MCL 380.1249(3) and applicable law.
[ ] The Educational Service Provider shall conduct an annual evaluation of the School
Leader in accordance with all the requirements of MCL 380.1249(3) and applicable law.
The [ ] School Leader [ ] Educational Service Provider shall conduct annual evaluations
of all other academy administrators in accordance with MCL 380.1249(3) and applicable
law.
does all of the following:
A. evaluations the School Administrator’s job performance at least annually in a
year-end evaluation, while providing timely and constructive feedback. The year-
end evaluation shall assign an effectiveness rating of high effective, effective,
minimally effective, or ineffective;
The Board shall perform the [ ] School Leader’s (employed by the Board)
[ ] Educational Service Provider’s evaluation; the School Leader or Designee
shall perform all other administrators’ evaluations;
An administrator rated highly effective on three (3) consecutive year-end
evaluations may be evaluated every other year, at the Academy’s discretion.
B. establishes clear approaches to measuring student growth and provides school
administrators with relevant data on student growth;
C. evaluates a school administrator’s job performance using multiple rating
categories that take into account data on student growth as a significant factor in
the evaluation in accordance with state law (recommend at least twenty-five
percent (25%). Beginning the 2015-2016 school year at least fifty percent (50%)
of the annual year-end evaluation shall be based on student growth and
assessment;
For these purposes, student growth shall be measured by national, State, or local
assessments and other objective criteria. During the 2014-2015 school years,
student growth shall be measured using the state and alternative assessments
as prescribed by the Revised School Code.
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D. For the portion of the annual year-end evaluation that is not based on student
growth and assessment data, that portion shall be based on the following factors
for each school in which the administrator works as an administrator or, for a
central-office level school administrator;
1. If the administrator conducts teacher performance evaluations, the
administrator’s training and proficiency in using the evaluation tool for
teachers, including a random sampling of his or her teacher performance
evaluations. If the administrator designates another person to conduct
teacher performance evaluations, the evaluation of the school
administrator on this factor shall be based on the designee’s training and
proficiency in using the evaluation tool for teachers, including a random
sampling of the designee’s teacher performance evaluations;
2. The progress made by the Academy in meeting the goals set forth in the
school improvement plan or the school district’s school improvement
plans;
3. Pupil attendance in the Academy or school district;
4. Student, parent, and teacher feedback, and other information considered
pertinent by the Board of Directors;
E. If an administrator is rated as minimally effective or ineffective, then the person or
persons conducting the evaluation shall develop and require the administrator to
implement an improvement plan to correct deficiencies. The improvement plan
shall recommend professional development opportunities and other measures
designed to improve the rating of the administrator on his or her next annual
year-end evaluation.
F. uses the evaluations, at a minimum, to inform decisions regarding all of the
following:
1. the effectiveness of school administrators, so that they are given ample
opportunities for improvement;
2. promotion, retention, and development of school administrators, including
providing relevant coaching, instruction support, or professional
development;
3. whether to grant full certification, to school administrators using rigorous
standards and streamlined, transparent, and fair procedures; and
4. removing ineffective school administrators after they have had ample
opportunities to improve, and providing that these decisions are made
using rigorous standards and streamlined, transparent, and fair
procedures.
The evaluation program shall aim at the early identification of specific areas in which the
individual administrator needs help so that appropriate assistance may be provided or arranged
for. A supervisor offering suggestions for improvement to an administrator shall not release that
professional staff member from the responsibility to improve. If an administrator, after receiving
a reasonable degree of assistance, fails to perform his/her assigned responsibilities in a
© National Charter Schools Institute
BOARD OF DIRECTORS STAFF
ACADEMY NAME 1420/page 3 of 3
satisfactory manner, dismissal, or non-renewal procedures may be invoked. In such an
instance, all relevant evaluation documents may be used.
Evaluations shall be conducted as stipulated in the revised School Code, the employment
contract, the [ ] Educational Service Provider’s [ ] School Leader’s Administrative
Procedures and as directed by the Michigan Department of Education. An administrator rated
as “ineffective” on three (3) consecutive year-end evaluations, using the same performance
evaluation system, must be dismissed from employment. The Academy performance evaluation
system, must be dismissed from employment. The Academy retains the discretion to dismiss an
ineffective administrator regardless of whether the administrator is rated ineffective on three (3)
consecutive year-end evaluations. An administrator shall be given a copy of any documents
relating to his/her performance which are to be placed in the personnel file.
© National Charter Schools Institute
BOARD OF DIRECTORS PROGRAM
ACADEMY NAME 2260.01/page 1 of 6
REVISED POLICY—SPRING 2015
SECTION 504/ADA PROHIBITION AGAINST
DISCRIMINATION BASED ON DISABILITY
Reference: 29 USC 794, Section 504 Rehabilitation Act of 1973, as amended
34 C.F.R. Part 104
42 USC 12101 et seq., Americans with Disabilities Act of 1990, as amended
Pursuant to Section 504 of the Rehabilitation Act of 1973 (“Section 504”), the Americans with
Disabilities Act of 1990, as amended (“ADA”) and the implementing regulations (collectively
"Section 504/ADA"), no otherwise qualified individual with a disability shall, solely by reason
of his/her disability, be excluded from participation be denied the benefits of, or be subjected
to discrimination under any program or activity receiving Federal financial assistance. The
Board of Directors does not discriminate in admission or access to, or participation in, or
treatment, in its programs or activities. As such, the Board's policies and practices will not
discriminate against students with disabilities, and will make accessible to qualified individuals
with disabilities its facilities, programs, and activities. No discrimination will be knowingly
permitted against any individual with a disability on the sole basis of that disability in any of
the programs, activities, policies, and/or practices in the Academy.
An individual with a disability" means a person who has, had a record of, or is regarded as
having, a physical or mental impairment that substantially limits one or more major life
activities. Major life activities are functions such as caring for one's self, performing manual
tasks, walking, seeing, hearing, eating, sleeping, standing, lifting, bending, speaking,
breathing, learning, reading, concentrating, thinking, communicating, and working.
Major life activities also include the operation of a major bodily function, including, but not
limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder,
neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
An impairment that is episodic in nature or in remission is considered a disability if it would
substantially limit a major life activity when active.
The determination of whether an impairment substantially limits a major life activity must be
made without regard to the ameliorative effects of mitigating measures such as medication,
medical supplies, equipment or appliances, low-vision devices (not including ordinary
eyeglasses or contact lenses), prosthetics (including limbs and devices), hearing aides and
cochlear implants or other implantable hearing devices, mobility devices, oxygen therapy
equipment or supplies, assistive technology, reasonable accommodations or auxiliary aids or
services, or learned behavioral or adaptive neurological modifications.
With respect to public preschool, elementary and secondary educational services, a qualified
person with a disability means a disabled person:
A. who is of an age during which nondisabled persons are provided educational
services;
B. who is of any age during which it is mandatory under Michigan law to provide
educational services to disabled persons; or
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BOARD OF DIRECTORS PROGRAM
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C. to whom the State is required to provide a free appropriate public education
pursuant to the Individuals with Disabilities Education Improvement Act
(IDEIA).
With respect to vocational education services, a qualified person with a disability means a
disabled person who meets the academic and technical standards requisite to admission or
participation in the vocational program or activity.
Compliance Officer(s)
The Board designates the following individual(s) to serve as the Academy’s 504 Compliance
Officer(s)/ADA Coordinator(s) (hereinafter referred to as the “Academy Compliance
Officer(s)”).
[NOTE: Academies may want to consider appointing both a male and a female Academy
Compliance Officer in order to provide complainants with the option to report their concerns to
an individual of the gender with which they feel most comfortable. Additionally, by appointing
two (2) Academy Compliance Officers, there should always be a Compliance Officer available
to investigate a claim that pertains to the other Compliance Officer.]
_________________ _________________
(Name) (Name)
_________________ _________________
(Title) (Title)
_________________ _________________
(Address) (Address)
__________________ __________________
(Phone Number) (Phone Number)
The names, titles, and contact information of this/these individual(s) will be published
annually:
( ) in the staff handbooks.
( ) in the Annual Report to the public.
( ) on the Academy’s web site.
( ) in the Academy’s calendar.
( ) _____________________________
Building Principals shall serve as Building Section 504/ADA Compliance Officer(s) (“Building
Compliance Officers”).
The Academy Compliance Officer(s) is/are responsible for coordinating the Academy’s efforts
to comply with and fulfill its responsibilities under Section 504 and Title II of the ADA. A copy
of Section 504 and the ADA, including copies of the implementing regulations, may be
obtained from the Academy Compliance Officer.
© National Charter Schools Institute
BOARD OF DIRECTORS PROGRAM
ACADEMY NAME 2260.01/page 3 of 6
The Academy Compliance Officer(s) will oversee the investigation of any complaints of
discrimination based on disability, which may be filed pursuant to the Board's adopted internal
complaint procedure, and will attempt to resolve such complaints.
The [ ] Board [ ] and Educational Service Provider will provide for the prompt and equitable
resolution of complaints alleging violations of Section 504/ADA. (See below) The [ ] Board [ ]
Educational Service Provider will further establish and implement a system of procedural
safeguards in accordance with Section 504, including the right to an impartial due process
hearing. (See AG 2260.01B)
Training
The Academy Compliance Officer(s) will also oversee the training of employees in the
Academy so that all employees understand their rights and responsibilities under Section 504
and the ADA, and are informed of the Board's policies, Administrative Procedures and
practices with respect to fully implementing and complying with the requirements of Section
504/ADA.
The [ ] Board [ ] Educational Service Provider will provide in-service training and
consultation to staff responsible for the education of persons with disabilities, as necessary
and appropriate.
Facilities
No qualified person with a disability will, because the Academy's facilities are inaccessible to
or unusable by persons with disabilities, be denied the benefits of, be excluded from
participation in, or otherwise be subjected to discrimination under any program or activity to
which Section 504/ADA applies.
For facilities constructed or altered after June 3, 1977, the Academy will comply with
applicable accessibility standards. For those existing facilities constructed prior to June 3,
1977, the Academy is committed to operating its programs and activities so that they are
readily accessible to persons with disabilities. This includes, but is not limited to, providing
accommodations to parents with disabilities who desire access to their child's educational
program or meetings pertinent thereto. Programs and activities will be designed and
scheduled so that the location and nature of the facility or area will not deny a student with a
disability the opportunity to participate on the same basis as students without disabilities.
Education
The Board is committed to identifying, evaluating, and providing a free appropriate public
education (FAPE) to students within its jurisdiction who have a physical or mental impairment
that substantially limits one or more major life activities, regardless of the nature or severity of
their disabilities.
An appropriate education, may include regular or special education and related aids and
services to accommodate the unique needs of students with disabilities. For disabled
students who are not eligible for specially designed instruction under the IDEIA, the special
education and related aids and services (including
accommodations/modifications/interventions) they need in order to have their needs met as
adequately as the needs of nondisabled students are met, shall be delineated, along with
their placement, in a Section 504 Plan (Form 2260.01A F13). Parents/guardians/custodians
© National Charter Schools Institute
BOARD OF DIRECTORS PROGRAM
ACADEMY NAME 2260.01/page 4 of 6
(“parents”) are invited and encouraged to participate fully in the evaluation process and
development of a Section 504 Plan.
The Board is committed to educating (or providing for the education of) each qualified person
with a disability who is enrolled by the Academy to the maximum extent appropriate.
Generally, the Academy will place a person with a disability in the regular educational
environment unless it is demonstrated that the education of the person in the regular
environment even with the use of supplementary aids and services cannot be achieved
satisfactorily. If the Academy places a person in a setting other than the regular educational
environment, it shall take into account the proximity of the alternate setting to the person's
home.
The Academy will provide non-academic extracurricular services and activities in such a
manner as is necessary to afford qualified persons with disabilities an equal opportunity for
participation in such services and activities. Nonacademic and extracurricular services and
activities may include counseling services, physical recreational athletics, transportation,
health services, recreational activities, special interests groups or clubs sponsored by the
Academy, referrals to agencies that provide assistance to persons with disabilities, and
employment of students. In providing or arranging for the provision of meals and recess
periods, and nonacademic and extracurricular services and activities, including those listed
above, the Academy will verify that persons with disabilities participate with persons without
disabilities in such services and activities to the maximum extent appropriate.
Notice
Notice of the Board's policy on nondiscrimination in education practices and the identity of the
Academy's Compliance Officer(s) will be posted throughout the Academy, and published in
the Academy's recruitment statements or general information publications.
[ ] The Educational Service Provider shall develop Administrative Procedures for the
proper implementation of this policy.
Complaint Procedures
If a person believes that s/he has been discriminated against on the basis of his/her disability,
the person may utilize the following complaint procedures as a means of reaching, at the
lowest possible administrative level, a prompt and equitable resolution of the matter.
In accordance with Section 504 of the Rehabilitation Act of 1973 and its implementing
regulations (“Section 504”), parents and students will be notified of their right to file an internal
complaint regarding an alleged violation, misinterpretation or misapplication of Section 504.
In addition, students and their parents will be notified of their right to file a complaint with the
U.S. Department of Education's Office for Civil Rights. Finally, students and parents will be
advised of their right to request a due process hearing before an Impartial Hearing Officer
(IHO) regarding the identification, evaluation or educational placement of persons with
disabilities, including the right to participation by the student’s parents or guardian and
representation of counsel, and their right to examine relevant education records.
Internal complaints and requests for due process hearings must be put in writing and must
identify the specific circumstances or areas of dispute that have given rise to the complaint or
the request for a hearing, and offer possible solutions to the dispute. The complaint or
request for due process hearing must be filed with an Academy the Compliance Officer within
© National Charter Schools Institute
BOARD OF DIRECTORS PROGRAM
ACADEMY NAME 2260.01/page 5 of 6
specified time limits. The Academy's Compliance Officer is available to assist individuals in
filing a complaint or request.
Internal Complaint Procedures
An internal complaint may be filed by a student and/or parent. A student and/or parent may
initiate the internal complaint procedure when s/he/they believe that a violation, misapplication
or misinterpretation of Section 504 has occurred. Additionally, the following procedure may
be used for any disagreement with respect to actions regarding the identification, evaluation,
or educational program or placement of students who are identified as disabled or believed to
be disabled pursuant to Section 504, and are not eligible under the IDEIA, except in the case
of disciplinary actions where the provisions of the Student Code of Conduct apply. Use of the
internal complaint procedure is not a prerequisite to the pursuit of other remedies, including
the filing of a complaint with the U.S. Department of Education's Office for Civil Rights or
requesting a due process hearing.
Step 1 Investigation by the Building Compliance Officer: A student or parent may
initiate an investigation by filing a written internal complaint with the Building
Compliance Officer. The complaint should fully describe the circumstances
giving rise to the dispute and how the child is adversely affected. The
complaint must be filed as soon as possible, but not longer than thirty (30)
calendar days after disclosure of the facts giving rise to the complaint. The
Building Compliance Officer shall conduct an impartial investigation of the
complaint. As part of the investigation, the Building Compliance Officer shall
permit the complainant to present witnesses and other evidence in support
of the complaint. The investigation shall be completed within fifteen (15)
school days of the written complaint being filed. The Building Compliance
Officer will notify the complainant in writing of his/her decision.
Step 2 Appeal to the Academy Compliance Officer: If the complaint is not resolved
satisfactorily at Step 1, the student or parent may appeal the Building
Compliance Officer's decision in writing to the Academy Compliance Officer.
The appeal must be made within five (5) school days following receipt of the
Building Compliance Officer's decision. The Academy Compliance Officer
will review the case, may conduct an informal hearing, and will notify all
parties in writing of his/her decision within ten (10) school days of receiving
the appeal.
Step 3 2 If the complaint is not resolved satisfactorily at Step 2 satisfactorily at Step
1, the student or parent may request a due process hearing, provided the
complaint involves an issue related to the identification, evaluation, or
placement of the student.
If it is determined that the Complainant was subjected to unlawful discrimination, the Building
and Academy COs Compliance Officer must identify what corrective action will be taken to
stop, remedy, and prevent the recurrence of the discrimination/retaliation. The corrective
action should be reasonable, timely, age-appropriate and effective, and tailored to the specific
situation.
© National Charter Schools Institute
BOARD OF DIRECTORS PROGRAM
ACADEMY NAME 2260.01/page 6 of 6
OCR Complaint
At any time, if a student or parent believes that s/he has been subjected to discrimination
based upon his/her disability in violation of Section 504 or the ADA, the individual may file a
complaint with the U.S. Department of Education's Office for Civil Rights ("OCR"). The OCR
can be reached at:
U.S. Department of Education
Office for Civil Rights
Cleveland Office
1350 Euclid Avenue, Suite 325
Cleveland, Ohio 44115
(216) 522-4970
FAX: (216) 522-2573
TDD: (216) 522-4944
E-mail: OCR.Cleveland@ed.gov
Web: http://www.ed.gov/ocr
Except in extraordinary circumstances, the OCR does not review the result of individual
placement and other educational decisions, so long as the Academy complies with the
"process" requirements of Subpart D of Section 504.
Retaliation
Retaliation against a person who makes a report or files a complaint alleging unlawful
discrimination, or participates as a witness in an investigation, is prohibited. Specifically, the
Board will not retaliate against, coerce, intimidate, threaten or interfere with any individual
because the person opposed any act or practice made unlawful by Section 504 or the ADA,
or because that individual made a charge, testified, assisted or participated in any manner in
an investigation, proceeding, or hearing under those laws, or because that individual
exercised, enjoyed, aided or encouraged any other person in the exercise or enjoyment of
any right granted or protected by those laws.
© National Charter Schools Institute
BOARD OF DIRECTORS STAFF
ACADEMY NAME 3120/page 1 of 3
REVISED POLICY—SPRING 2015
EMPLOYMENT OF TEACHERS AND ADMINISTRATORS
STAFF
Reference: MCL 37.2101 et seq., 333.17901, 380.1229, 1230, 1230b, 1231, 1233, 1237, 380.623,
20 USC 6319 & 7801
The Board of Directors recognizes it is vital to the successful operation of the Academy that
the [ ] School Leader [ ] Educational Service Provider fill positions created by the Board
with highly-qualified, competent personnel who meet all current state and federal certification,
training, and education requirements.
The [ ] School Leader [ ] Educational Service Provider shall provide the Board with a list of
the proposed staff that shows all current qualifications and licensing.
For the purposes of this Section, staff and staff member shall This section applies to
teachers and administrators employees working at the Academy.
All staff are subject to a criminal history record check. See Policy 3121.
[ ] The Neither the Board nor the Educational Service Provider may not employ
immediate family members of Board members to work in any capacity within the
Academy.
[ ] Relatives of staff member(s) may be employed by the Board or the Educational
Service Provider, provided the staff member(s) being employed is not placed in a
position in which he/she would be supervised directly by his/her related staff member,
or would supervise a related staff member.
[ ] If a Board member wishes to apply for a position within the Academy, his/her
resignation must be accepted by the Board prior to submission of an application, and
such employment shall not conflict with the Academy’s Charter.
A person employed as an a School Leader or administrator is not required to have a School
Leader's certificate, issued by the Department of Education, but must confirm that he/she has
met, or is in the process of fulfilling, the appropriate educational or certification
requirements for School Leaders, established by the Revised School Code, Michigan
Department of Education and applicable law.
Staff hired to serve as an athletic trainer must be properly licensed by the state or otherwise
legally authorized to engage in the practice of athletic training. Staff is prohibited from
engaging in the practice of athletic training unless licensed and shall not offer to provide any
service(s) that s/he was not qualified to perform by education, training, or experience or
otherwise prohibited by law from performing.
[ ] Staff hired to coach an interscholastic team/sport must have first aid and safety
training as required by State statute. Certification of this requirement must come from
the Red Cross or an equivalent agency.
Prior to hiring an applicant, the [ ] School Leader [ ] Educational Service Provider shall
obtain from the applicant a signed Consent to Obtain Records (Form 3120-F2 or 3120-F4, as
applicable) and shall obtain any records from the applicant's current or immediately-previous
© National Charter Schools Institute
BOARD OF DIRECTORS STAFF
ACADEMY NAME 3120/page 2 of 3
employer, including the applicant's personnel file (particularly any records relating to
unprofessional conduct in which the applicant may have engaged). Any such records are to
be reviewed prior to a recommendation for employment and may be disclosed to those
individuals directly involved in evaluating the applicant's qualifications.
Requirements for Title I Teachers
All teachers hired for a Title I supported program must be “highly qualified.” Highly qualified
means the following:
A. The candidate has full State certification as a teacher or has passed the State
teacher licensing exam and holds a current license to teach. (Certification or
license requirements may not be waived on emergency, temporary, or
provisional basis.)
B. The candidate is an elementary teacher, new to the profession, and has the
following:
1. at least a bachelor’s degree and
2. a passing score on a State test of subject knowledge and teaching
skills in reading, writing, math, and other areas of elementary
curriculum (State certification test may suffice).
C. The candidate is a secondary or middle school teacher, new to the profession,
and has the following:
1. at least a bachelor’s degree; and
2. a passing score on a State test in each of the subject areas he/she will
teach (State certification test may suffice); or
3. for each academic subject to be taught, an academic major; course
work equivalent to an undergraduate major; a graduate degree; or
advanced certification or credentials.
D. The candidate has prior experience, seeks an elementary, middle, or
secondary school teaching position, and has the following:
1. at least a bachelor’s degree and
2. meets the standards for new teachers (above) or
3. demonstrate competence in all academic subjects he/she teaches,
based on a uniform State standard of evaluation (standard for
academic subject matter and teaching skills set by the State).
Requirements for a Teacher in any School Receiving Title I Funding
All core subject teachers (as defined in the No Child Left Behind Act) in a school receiving
Title I funds must be “highly qualified,” as described above. The [ ] School Leader [ ]
Educational Service Provider shall have a plan and shall show annual progress towards
meeting these teacher-qualification requirements.
Requirements for Title I Paraprofessionals
All paraprofessionals hired for a program supported by Title I must have a secondary school
diploma, or its recognized equivalent, and one of the following:
A. two (2) years of study at an institution of higher education; or
B. at least an associate’s degree; or
© National Charter Schools Institute
BOARD OF DIRECTORS STAFF
ACADEMY NAME 3120/page 3 of 3
C. proof of having met a rigorous standard of quality as demonstrated through
formal State or local academic assessment:
1. knowledge of and the ability to assist in instructing, reading, writing, and
mathematics; or
2. knowledge of and the ability to assist in instructing, reading readiness,
writing readiness, and mathematics readiness.
Exceptions:
The requirements above do not apply to the following:
A. a paraprofessional who is proficient in English and a second language and
serves as a translator, primarily to enhance the participation of children in Title
I programs; or
B. a paraprofessional whose duties consist solely of conducting parental
involvement activities.
Paraprofessionals working for a program supported by Title I may be assigned to the
following:
A. provide one-on-one tutoring for eligible students, during times when the
teacher would not otherwise be instructing the student;
B. assist with classroom management, such as organizing instructional and other
materials;
C. provide assistance in a computer laboratory;
D. provide support in a library or media center;
E. conduct parental involvement activities;
F. act as a translator;
G. provide instructional services to students, if working under the direct
supervision of a teacher;
H. perform limited duties beyond classroom instruction or that may not directly
benefit program participants, so long as those duties are also assigned to non-
Title I paraprofessionals. Title I paraprofessionals may not be assigned to
more of these duties, proportional to their total work time, than the amount
assigned to similar non-Title I paraprofessionals in the same school.
The [ ] School Leader [ ] Educational Service Provider shall prepare Administrative
Procedures that comply with all legal requirements for the recruitment and selection of all
staff. These procedures shall comply with all legal requirements.
© National Charter Schools Institute
BOARD OF DIRECTORS STAFF
ACADEMY NAME 3139/page 1 of 1
DELETED POLICY—SPRING 2015
STAFF DISCIPLINE
Whenever it becomes necessary to discipline a member of the staff, the Board of Directors
directs the School Leader to utilize due-process procedures, to conduct an investigation, as
appropriate to the situation, including providing the employee with reasonable notice and the
opportunity to respond. If it appears that disciplinary action beyond verbal reprimand may be
necessary, the School Leader should determine and take appropriate disciplinary action.
The School Leader shall promptly notify the Board President in writing if the violation(s)
resulting in such disciplinary action involved a breach of Board policy. . The notice to the
Board President shall also indicate if either the violation or the disciplinary action adversely
affected the instruction or well-being of students. The report shall describe the violation(s)
resulting in the disciplinary action, the disciplinary action taken, and the action(s), if any, the
School Leader has taken, or will take, to prevent such violations in the future.
© National Charter Schools Institute
BOARD OF DIRECTORS STAFF
ACADEMY NAME 3220/page 1 of 3
REVISED POLICY—SPRING 2015
STAFF TEACHER EVALUATION
Reference: MCL 380.1249 (as amended)
[ ] The Board of Directors shall evaluate teachers in accordance with applicable law,
including MCL 380.1249(2).
[ ] The Board shall ensure that its Educational Service Provider evaluates teachers in
accordance with the requirements of applicable law, including MCL
380.1249(2). through the powers derived from the School Code, including Section 1249 of the
Michigan Revised School Code, MCL 380.1249 and other relevant statutes, is responsible for
the employment and discharge of all personnel or has delegated it’s authority to employ and
discharge personnel to [ ] the Educational Service Provider. To carry out this responsibility
the Board performs or delegates to the [ ] Educational Service Provider, the function of
establishing and implementing a rigorous, transparent, and fair performance evaluation
system that does all of the following:
A. Evaluates the employee's job performance at least annually while providing
timely and constructive feedback
Teachers rated highly effective on three (3) consecutive year-end evaluations
may be evaluated every other year, at the Academy’s discretion;
B. Establishes clear approaches to measuring student growth and provides
professional staff with relevant data on student growth
Commencing with the 2015-16 school year, the year-end evaluation of student
growth shall be based on the most recent three (3) consecutive school years of
student growth data, or all available student growth data if less than three (3)
years is available;
C. Evaluates an employee's job performance, multiple using rating categories of
highly effective, effective, minimally effective and ineffective, which take into
account data on student growth as a significant factor in the evaluation in
accordance with State law. (recommend that it be no less than twenty-five
percent (25%)). Beginning the 2015-2016 school year, at least fifty percent
(50%) of the annual year-end evaluation shall be based on student growth and
assessment.
For these purposes, student growth shall be measured by national, State, or
local assessments and other objective criteria. Student growth shall be
measured using the State and alternative assessments as prescribed by the
Section 1249 (MCL 380.1249); and
D. uses the evaluations, at a minimum, to inform decisions regarding all of the
following:
1. the effectiveness of employees, so that they are given ample opportunities
for improvement; and
© National Charter Schools Institute
BOARD OF DIRECTORS STAFF
ACADEMY NAME 3220/page 2 of 3
2. promotion, retention, and development of employees, including providing
relevant coaching, instruction support, or professional development.
E. For a teacher who received a rating of minimally effective or ineffective in his or
her most recent annual year-end evaluation, the Academy Administrator or
designee shall develop, in consultation with the teacher, an individualized
development plan that includes goals and training and is designed to assist the
teacher to improve his or her effectiveness. The Administrator has the option to
develop an individualized development plan for teachers who are in the first
year of a probationary period as defined by the Academy.
F. Provides a mid-year progress report for every certificated teacher who has
received a rating of minimally effective or ineffective on the last year-end
evaluation. The Administrator has the option to conduct a mid-year progress
report for a teacher who is in the first year of a probationary period as defined
by the Academy.
This mid-year report shall not replace the annual year-end evaluation.
This mid-year report shall:
1. be based, at least in part, on student achievement;
2. be aligned with the teacher’s individualized development plan;
and
3. include specific performance goals and any recommended
training for the remainder of the school year, as well as written
improvement plan developed in consultation with the teacher
that incorporates the goals and training.
G. includes classroom observations in accordance with the following:
1. must include review of the lesson plan, state curriculum
standards being taught and student engagement in the lesson;
2. must include multiple observations unless the teacher has
received an effective or higher rating on the last two (2) year-
end evaluations; and
3. observations need not be for an entire class period.
The staff evaluation program shall aim at the early identification of specific areas in which the
individual professional staff member needs help so that appropriate assistance may be
provided or arranged for. A supervisor offering suggestions for improvement to a professional
staff member shall not release that professional staff member from the responsibility to
improve. If a professional staff member, after receiving a reasonable degree of assistance,
fails to perform his/her assigned responsibilities in a satisfactory manner, dismissal, or non-
renewal procedures may be invoked. A teacher rated as “ineffective” on three (3) consecutive
year-end evaluations, using the same performance evaluation system, must be dismissed
from employment as a teacher with the Academy. The Academy retains the discretion to
dismiss an ineffective teacher regardless of whether the teacher is rated ineffective on three
(3) consecutive year-end evaluations. In such an instance, all relevant evaluation documents
may be used in the proceedings.
© National Charter Schools Institute
BOARD OF DIRECTORS STAFF
ACADEMY NAME 3220/page 3 of 3
Evaluations shall be conducted as stipulated in the revised School Code, the employment
contract, the Administrative Procedures and as directed by the Michigan Department of
Education. An administrator shall be given a copy of any documents relating to his/her
performance which are to be placed in the personnel file.
This policy shall not deprive a professional staff member of any rights provided by State law
or contractual rights consistent with State law.
© National Charter Schools Institute
BOARD OF DIRECTORS SUPPORT STAFF
ACADEMY NAME 4120/page 1 of 3
REVISED POLICY—SPRING 2015
EMPLOYMENT OF SUPPORT STAFF
Reference: MCL 37.2101 et seq., 333.17901, 380.1230, 380.1230b
20 USC 6319
The Board of Directors recognizes it is vital to the successful operation of the Academy that
the [ ] School Leader [ ] Educational Service Provider fill positions created by the Board
with highly-qualified, competent personnel who meet all current state and federal certification,
training, and education requirements.
The [ ] School Leader [ ] Educational Service Provider shall provide the Board with a list of
the proposed staff that shows all current qualifications and licensing.
As used in this section, staff refers to all staff except for teachers and administrators.
For the purposes of this Section, staff, support staff, staff member and support staff member
shall mean [ ] Educational Service Provider [ ] Academy employees working at the
Academy.
All support staff are subject to a criminal history record check. See Policy 4121.
[ ] The [ ] Educational Service Provider [ ] Board may not employ immediate family
members of Board members to work in any capacity within the Academy.
[ ] Relatives of staff members may be employed by the [ ] Educational Service
Provider [ ] Board, provided the staff member being employed is not placed in a
position in which he/she would be supervised directly by his/her related staff member
or would supervise a related staff member.
[ ] If a Board member wishes to apply for a position with the Academy, his/her
resignation must be accepted by the Board prior to submission of an application.
Staff hired to serve as an athletic trainer must be properly licensed by the state or otherwise
legally authorized to engage in the practice of athletic training. Staff is prohibited from
engaging in the practice of athletic training unless licensed and shall not offer to provide any
service(s) that s/he was not qualified to perform by education, training, or experience or
otherwise prohibited by law from performing.
[ ] Staff hired to coach an interscholastic team/sport must have first aid and safety
training as required by State statute. Certification of this requirement must
come from the Red Cross or an equivalent agency.
Prior to hiring an applicant, the [ ] Educational Service Provider [ ] School Leader shall
obtain from the applicant a signed Consent to Obtain Records (Form 4120 F2) and shall
obtain any records from the applicant's current or immediately-previous employer, including
the applicant's personnel file (particularly any records relating to unprofessional conduct in
which the applicant may have engaged). Any such records are to be reviewed prior to a
recommendation for employment and may be disclosed to those individuals directly involved
in evaluating the applicant's qualifications.
The [ ] School Leader [ ] Educational Service Provider shall prepare procedures for the
recruitment and selection of all support staff. These guidelines shall comply with all legal
requirements, and shall be presented to the Board for review and input.
© National Charter Schools Institute
BOARD OF DIRECTORS SUPPORT STAFF
ACADEMY NAME 4120/page 2 of 3
[ ] OPTIONAL: Choose this option if the Academy employs Title I Paraprofessionals
Requirements for Title I Paraprofessionals
All paraprofessionals hired for a program supported by Title I must have a secondary school
diploma, or its recognized equivalent, and one of the following:
A. two (2) years of study at an institution of higher education; or
B. at least an associate’s degree; or
C. proof of having met a rigorous standard of quality as demonstrated through
formal State or local academic assessment:
1. knowledge of and the ability to assist in instructing, reading, writing, and
mathematics; or
2. knowledge of and the ability to assist in instructing, reading readiness,
writing readiness, and mathematics readiness.
Exceptions:
The requirements above do not apply to the following:
A. a paraprofessional who is proficient in English and a second language and
serves as a translator, primarily to enhance the participation of children in Title
I programs; or
B. a paraprofessional whose duties consist solely of conducting parental
involvement activities.
Paraprofessionals working for a program supported by Title I may be assigned to the
following:
A. provide one-on-one tutoring for eligible students, during times when the
teacher would not otherwise be instructing the student;
B. assist with classroom management, such as organizing instructional and other
materials;
C. provide instructional assistance in a computer laboratory;
D. provide instructional support in a library or media center;
E. conduct parental involvement activities;
F. act as a translator;
G. provide instructional services to students, if working under the direct
supervision of a teacher;
© National Charter Schools Institute
BOARD OF DIRECTORS SUPPORT STAFF
ACADEMY NAME 4120/page 3 of 3
H. perform limited duties beyond classroom instruction or that may not directly
benefit program participants, so long as those duties are also assigned to non-
Title I paraprofessionals. Title I paraprofessionals may not be assigned to
more of these duties, proportional to their total work time, than the amount
assigned to similar non-Title I paraprofessionals in the same school.
[END OF OPTION]
The [ ] Educational Service Provider [ ] School Leader shall prepare Administrative
Procedures that comply with all legal requirements for the recruitment and selection of all
staff. These procedures shall comply with all legal requirements.
© National Charter Schools Institute
BOARD OF DIRECTORS STUDENTS
NAME OF ACADEMY 5112/page 1 of 2
REVISED POLICY—SPRING 2015
ENTRANCE AGE
Reference: M.C.L. 380.1147, 380.1561, 388.1606, 388.1705 & 17-05c 1705c
IDEA, Part B; 34 CFR Part 300
Dear Colleague Letter, Feb. 29, 2012, U.S.D.O.E., Office of Special Education
and Rehabilitative Services
A.C. Rule 340.1754
The Board of Directors shall establish student entrance age requirements which are
consistent with Michigan Law and sound educational practices which ensure equitable
treatment.
A child who turns six (6) years of age before December 1st must be enrolled on the first
school day of the school year in which the child's sixth birthday occurs, and a child who turns
six (6) years of age on or after December 1st must be enrolled on the first school day of the
school year following the school year in which the child's sixth birthday occurs.
A. Prekindergarten
A child is eligible for entrance into the Academy's prekindergarten program
if s/he attains the age of four (4) on or before December 1st of the year in
which s/he applies for entrance and has not yet attained the age at which
s/he will be admitted to kindergarten. Children attending prekindergarten
shall be charged tuition in accordance with Board policy.
( ) No Kindergarten Offered by the Academy
A child who is at least five (5) years of age on the first day of enrollment of
the school year may attend school in the Academy if no kindergarten
program is offered.
B. Kindergarten
A child who is at least five (5) years of age on or before the October 1st of
2014, or September 1st, 2015 or any of the school year of
enrollment thereafter is eligible for entrance to the kindergarten program for
that school year. The child may not be placed in an alternative program
without permission of the parent.
C. Early Entrance
Upon written request by the parent or guardian, a child who A child who is
not yet five (5) years of age on or before the specified eligibility date
September 1st
for the applicable school year will be admitted to
kindergarten under the following circumstances:
1. the child will have attained the age of five (5) by December 1st of the
school year of enrollment; and either two (2) or three (3) below;
2. the parent or guardian provides written notice to the Academy by
© National Charter Schools Institute
BOARD OF DIRECTORS STUDENTS
NAME OF ACADEMY 5112/page 2 of 2
3.
June 1st prior to the school year of enrollment of intent to enroll the
child for that school year. ; or
the parent or guardian provides written notice to the Academy by
August 1st
prior to the school year of enrollment of intent to enroll the
child, if the child became resident in the Academy after June 1st
.
© National Charter Schools Institute
BOARD OF DIRECTORS STUDENTS
ACADEMY NAME 5114/page 1 of 2
NEW POLICY—SPRING 2015
FOREIGN AND FOREIGN-EXCHANGE STUDENTS
Reference: M.C.L 380.504(3)
8 C.F.R. 214 et seq.
8 U.S.C. 1101 (Immigration Reform and Control Act)
M.C.L. 380.1147
1985 O.A.G. 6316
Plyler v Doe, 457 U.S. 202 (1982)
The Board of Directors recognizes the positive cultural benefits to the students, staff,
and the community in meeting students from other countries and in having foreign
students as members of the student body of this Academy.
In accordance with other admissions policies, the Board will permit the admission of
foreign students and foreign-exchange students (from recognized and approved
student exchange programs) who are either deemed legal residents of the State of
Michigan under applicable law or are permitted under MCL 380.504(3).
[NOTE: The following section is optional]
[ ] Student and Exchange Visitor Program for Nonimmigrant Students with F-1
Visas
Provided such petition is not prohibited by the Academy’s authorizer, the Board
authorizes the Academy to petition for approval to provide a Student and Exchange
Visitor Program (SEVP). As an authorized SEVP provider, the Academy will issue the
certificate of eligibility to nonimmigrant students who complete the application process
successfully, which will enable them to apply for an F-1 Visa. All students entering
under this section must be deemed residents of the State of Michigan or be permitted
under MCL 380.504(3).
Participation by nonimmigrant students in this program will be consistent with Federal
law that requires the following:
A. the student possess sufficient English language proficiency to
participate in the high school curriculum
B. the student's participation does not exceed an academic year
C. the student pays to the Board the full amount of tuition prior to the
commencement of the academic term of attendance
D. the student otherwise maintains his/her lawful temporary immigration
status
[END OF OPTIONAL SECTION]
Other Nonimmigrant Students
This policy does not apply to nonimmigrant students with citizenship in countries
other than the United States who are not participating in an approved exchange visitor
program
© National Charter Schools Institute
BOARD OF DIRECTORS STUDENTS
ACADEMY NAME 5114/page 2 of 2
( ) or who are not sponsored by the Academy so they can attend the
Academy as participants in the student and exchange visitor program
(SEVP) on a valid F-1 visa.
All other nonimmigrant students with citizenship in countries other than the United
States who seek to enroll in the Academy are subject to State law and the Academy’s
policies regarding enrollment and, if applicable, tuition. All such students must be
deemed to be residents of the State of Michigan under applicable law or be permitted
under MCL 380.504(3).
© National Charter Schools Institute
BOARD OF DIRECTORS STUDENTS
ACADEMY NAME 5114A/page 1 of 1
DELETED POLICY—SPRING 2015
FOREIGN STUDENTS ON VISA
Reference: MCL 380.1147, MSA 15.41147
Foreign Students Enrolled in Public School Districts, Mich. Dept. Educ. Pub., 3/17/06
The Board of Directors recognizes the positive cultural benefits to the students, staff, and the
community in meeting students from other countries and in having foreign students as
members of the student body of this Academy.
In accordance with other admissions policies, the Board will permit the admission of foreign
students and foreign-exchange students (from recognized and approved student exchange
programs) who are residing within the State of Michigan.
© National Charter Schools Institute
BOARD OF DIRECTORS STUDENTS
ACADEMY NAME 5320/page 1 of 1
REVISED POLICY—SPRING 2015
IMMUNIZATION
Reference: MCL 333.9201 et seq., 380.1177, 380.1177a
AC 325.176
The Board of Directors believes immunization is one of the most cost-effective measures to
protect children from vaccine-preventable diseases. Accordingly, the Board requires that all
students be properly immunized at the time of registration or not later than the first day of
school pursuant to the provisions of the State Health Department of Health and Human
Services (DHHS) regulations.
However, students who do not meet the immunization requirements shall be admitted in
accordance with Administrative Procedures. Transfer students shall not be admitted without
proof of immunization as required by the State.
There are three (3) circumstances in which a required vaccine may be waived or delayed:
A. A valid medical contraindication exists to receiving the vaccine. The child’s
physician must certify the contraindication.
B. The parent(s)/guardian(s) hold religious or philosophical beliefs against
receiving a vaccination. Any parent or guardian who wants to claim a
nonmedical waiver must receive education regarding the benefits of
vaccination and the risks of disease from a county health department
before obtaining the certified nonmedical waiver form through the Local
Health Department, and present same to the appropriate Academy
personnel. The parents must submit, in writing, a request for an exemption
before a waiver is granted.
C. The child has received at least one (1) dose of each immunizing agent and the
next dose(s) are not due yet.
When the Academy provides information on immunizations, infectious disease, medications,
or other school health issues to parents and guardians of pupils in at least grades 6, 9, and
12, then with that information the Board is required to include information about
meningococcal meningitis and the vaccine for meningococcal meningitis as well as about the
human papillomavirus and the vaccine for human papillomavirus. The information shall
include at least the causes and symptoms of meningococcal meningitis, how it is spread, and
the risks associated with human papillomavirus. In addition, the information shall include
sources where parents and guardians may obtain additional information about both diseases
and where they may obtain the associated vaccinations.
The [ ] Educational Service Provider [ ] School Leader (employed by the Board) shall
develop Administrative Procedures to ensure the proper implementation of this policy.
© National Charter Schools Institute
Spring 2015 Update Packet
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Spring 2015 Update Packet

  • 1. April 23, 2015 Dear Colleague: Charter schools need boards that govern for greatness. And as leadership author Jim Collins reminds us in his book Good to Great, “Greatness is not a function of circumstance, greatness is largely a matter of conscious choice, and discipline.” As the Board of Directors for a public school academy, we want you to choose greatness and model the way for the school you govern. We also want to help you focus on what truly matters – ensuring your students are prepared to succeed in college, work and life. To this end, we are pleased to provide you with the enclosed Spring 2015 Board Policy Update packet. By providing you with this service of concise, organized and legally reviewed policies, it is our hope that you will be able to focus more time on what truly matters and also ensure that your board has properly adopted the policies it needs to provide clear guidance and direction for the school. We sincerely value our relationship with you and are constantly looking for ways in which we can improve our service to better meet your needs. If you ever need support to better understand and leverage your policies, please don’t hesitate to call on us. We also believe in continuous improvement, so we’d love any suggestions you might have for making the policy service even better. As always, thanks for your commitment and service to our students and our great state of Michigan! Best Wishes, James N. Goenner, Ph.D. President & CEO Enclosures 711 West Pickard Street, Suite M • Mt. Pleasant, Michigan 48858 Phone: (989) 317-3510 www.CharterInstitute.org
  • 2. page 1 of 8 SPRING 2015 UPDATE OVERVIEW AND COMMENTS Please do not retype National Charter Schools Institute (“Institute”) materials before returning them for processing. We prefer to have the original materials returned after you have marked them indicating which changes and additions you choose to have/not have for your Academy. If a Academy chooses not to adopt a policy or administrative guideline, the Academy is still obligated to follow applicable Federal and State laws relating to that topic. The proposed new, revised, and replacement policies, administrative guidelines and forms included in this update have been thoughtfully prepared and reviewed by National Charter Schools Institute’S legal counsel for statutory compliance. If you make changes, or substitute in its entirety policies or other materials of your own drafting, those materials should be reviewed by your legal counsel to verify compliance. National Charter Schools Institute does not review Academy-specific edits to update materials or Academy-specific policies for statutory compliance. If a policy or guideline is marked as a revision, the changes have been marked in bold (to add material) and crossed out (to delete material). As you review a revised policy or guideline, you may choose to accept one, many or all of the changes provided. If a policy or guideline is marked as a replacement, that means there have been enough changes made that justify a complete, clean replacement copy. If the Academy authors language and adds it to a policy template or deletes content that is not marked as a choice in the policy template, then these actions will constitute Academy- specific edits. Policies that are to be deleted from the policy manual require Board action to rescind the policy. Your National Charter Schools Institute Associate will contact you in the near future to schedule an appointment to review this update and ensure you are current on this and previous updates. It is expected that all appointments will have been completed with the appropriate documents received for processing by June 30, 2015. If you are not an administrative guidelines client, you will not need to fill out the administrative guideline-specific materials in this packet. If you are interested, please contact your Associate for more information about becoming an administrative guidelines client.
  • 3. page 2 of 8 Processing Update Materials If you will be making changes to these Update documents electronically, use Microsoft Word’s “Track Changes” tool to mark the National Charter Schools Institute materials indicating which of the proposed revisions and additions you choose to include or not include for your Academy, or to make additional edits, before returning them electronically for processing. Be sure to leave the “track changes” and marked up version as the one you submit to the Institute office. Academy-Specific Material If the Academy chooses, during any step of the Update process, to incorporate Academy- specific material into a new policy or guideline that has been proposed or to insert Academy- specific material into a current policy or guideline for which revisions have been proposed in an update issued by National Charter Schools Institute, then the Academy agrees to hold National Charter Schools Institute harmless for those Academy-specific edits. In addition, National Charter Schools Institute retains ownership of the text from the original policy template that remains in a policy to which Academy-specific material has been added. Academy-specific materials include the following: A. Materials from the Academy’s existing materials that the Academy requests be incorporated during the drafting process; B. New materials that the Academy develops in their entirety and exclusive of National Charter Schools Institute; and C. Revisions or deletions that substantively depart from National Charter Schools Institute’s templates. Further, National Charter Schools Institute does not recommend the use or incorporation of Academy-specific materials. National Charter Schools Institute will, at the request of the Academy, incorporate Academy-specific materials into the licensed materials, with the implicit understanding that the Academy bears all risks associated with the Academy’s decision to request that such Academy-specific materials be incorporated. National Charter Schools Institute reserves the right to, but is not obligated to, advise the Academy to seek its own legal review of Academy-specific materials. Notice Regarding Legal Accuracy National Charter Schools Institute is vigilant in providing policy language to clients that has been vetted for legal accuracy by Michigan legal counsel. Should any question arise as to the legal compliance or accuracy of National Charter Schools Institute materials, it is our expectation that National Charter Schools Institute’s counsel will have the opportunity to assist in the resolution of such a claim. Please notify the National Charter Schools Institute corporate office if an issue arises in which such a review or assistance is necessary. Policies in this update have been reviewed by Clark Hill, PLC for consistency with Federal and State law.
  • 4. page 3 of 8 Reminders • The Internal Revenue Service (IRS) issued Notice 2013-80 which provides the 2015 mileage rate at 57.5 cents per mile for business travel. • The U.S. Department of Labor maintains regulatory authority over state and local government employers, including academies. Note that the following federal laws have poster requirements which apply to Academies (no Federal or Federally-assisted contracts or subcontracts): o The Employee Polygraph Protection Act (EPPA) o The Fair Labor Standards Act (FLSA) o The Family and Medical Leave Act (FMLA) o Uniformed Services Employment and Reemployment Rights Act (USERRA) o Whistleblower Protections In addition, certain organizations may be required to display posters that can only be obtained from DOL's Office of Workers' Compensation Programs (OWCP). More information on these posters is available. Links to all federal employment posters are always available on the Poster Page as are answers to frequently asked questions. Note that Academies with federal or federally-assisted contracts or subcontracts may have additional requirements. Legal Alert Included with this update are 3 legal alerts printed on green paper. These legal alerts include: 1. Bullying and Special Education Students. 2. Meeting the Communication Needs of Students with Hearing, Vision, or Speech Disabilities. 3. Changes to FOIA. BYLAWS AND POLICIES Human Resources Policy 1240 – Evaluation of the School Leader/Educational Service Provider (Revised) Policy 1420 – School Administrator Evaluation (Revised) Policy 3220 – Teacher Evaluation (Revised) AG 3220A – Evaluation of Staff (DELETE) These policies have been updated to comply with the changes to M.C.L. 380.1249, including the current requirements relating to use of student growth as a factor in the evaluation process, mid-year reviews for certain staff, and the required rating categories. The policies now provide similar review criteria for staff and administration as required by applicable statutory language. Additionally, AG 3220A should be deleted since all necessary language has been included in Policy 3220.
  • 5. page 4 of 8 These revisions reflect the current state of the law and regulations and should be adopted to maintain accurate policies. Policy 3120 – Employment of Professional Staff (Revised) Policy 4120 – Employment of Support Staff (Revised) Language in these policies has been updated to reflect current “Highly Qualified” certification requirements. This revision reflects the current state of the law and regulations and should be adopted to maintain accurate policies. Policy 3139 – Staff Discipline (Deleted) This Policy Does not apply to Charter Schools. Discipline will either be administered by the Educational Service Provider or in accordance with the employee handbook and/or individual contract of employment. Student Safety and Welfare Policy 5320 – Immunization (Revised) AG 5320 - Immunization of Students in School (Revised) In December, 2014, the Joint Committee on Administrative Rules approved a new educational requirement for Michigan parents seeking a non-medical waiver from the vaccination requires for their children. The new rule requires parents/guardians to speak with a health educator from their local health department regarding the benefits of vaccination and the risks to the individual and the community from not getting vaccinated. The county health department will provide the non-medical waiver form to the parent, which the Academy must honor. The new rule became effective January 1, 2015. Additionally, the Department of Health and Human Services (DHHS) is duly noted in both the policy and guideline in recognition that the Michigan Department of Community Health and the Department of Human Services (formerly Family Independence Agency) have been consolidated. These revisions reflect the current state of the law and regulations and should be adopted to maintain accurate policies and guidelines. Policy 5350 – Student Suicide (Revised) AG 5350 – Suicide Intervention Process (Revised) These revisions reflect recent guidance from the American Foundation for Suicide Prevention regarding assessment and intervention strategies. These revisions are recommended but not required.
  • 6. page 5 of 8 Policy 5517.01 – Bullying and Other Aggressive Behavior Toward Students (Revised) Revisions to this policy reflect the changes enacted by Public Act 478 of 2014. Academies are required to file updated policies with the Michigan Department of Education (MDE) not later than May 31, 2015. These revisions reflect the current state of the law and should be adopted to maintain accurate policies. Policy 8400 – Academy Safety Information (Revised) AG 8400A – Threat Assessment and Intervention (New) This policy and guideline were revised to include additional, optional language dealing with threat assessment. The threat assessment content is recommended, but not required. Policy 2260.01 – Section 504/ADA Prohibition Against Discrimination Based on Disability (Revised) Language has been added to this policy in response to the Office for Civil Rights requirement that students and their parents be notified of their right to participation and representation during all steps of due process. These revisions reflect the current state of the law and should be adopted to maintain accurate policies. Policy 5112 – Entrance Age (Revised) Revisions are necessary due to the passage of Public Act 479 of 2014. Entrance age has been revised to September 1. Revisions to this policy reflect the current state of the law and should be adopted to maintain accurate policies. Policy 5114 – Foreign and Foreign-Exchange Students (Revised) The revisions proposed to this policy address the requirements set forth in current Federal law pertaining to nonimmigrant students who have citizenship in countries other than the United States and who enter the U.S. on either an J-1 or F-1 Visa to attend high school in the United States. Students who have a J-1 Visa are what we have traditionally thought of as foreign exchange students. The Academy can also choose to sponsor nonimmigrant students who have citizenship in countries other than the United States who seek admission to the United States to study for up to one academic year. If the Academy agrees to sponsor a nonimmigrant student who has citizenship in a country other than the United States so that student is able to apply for a F-1 Visa. These revisions reflect the current state of the law and should be adopted to maintain accurate policies.
  • 7. page 6 of 8 Policy 5460 – Graduation Requirements (Revised) Revisions to this policy reflect the changes required by law and the Michigan Department of Education (MDE). These revisions reflect the current state of the law and should be adopted to maintain accurate policies. Policy 8390 – Animals on Academy Property (Revised) National Charter Schools Institute originally revised Policy 8390 in 2013 to ensure that all persons who bring animals (including service animals) onto school property are treated in an equal and nondiscriminatory manner – i.e., the policy holds each person to the same standards and requirements, regardless of the purpose for which the animal was coming onto school property. While that requirement is consistent with Section 504’s nondiscrimination provisions concerning students’ equal access to the Academy’s programs, activities and facilities when compared to nondisabled individuals, over the past two years, the Department of Justice – pursuant to its authority to enforce Title II of the Americans with Disabilities Act, as amended (ADA) – has actively investigated and challenged Title II public entities that place any restrictions on the ability of a person to bring a service animal on or into the public entity’s facilities. Pursuant to guidance issued by the Department of Justice, public entities may only ask: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Thus, while service animals in general may be subject to state and county laws, regulations and ordinances pertaining to their licensing, vaccination and veterinary requirements, a public entity may not inquire about those topics. National Charter Schools Institute has, therefore, revised Policy/AG 8390 to reflect the Department of Justice’s strict interpretation of this limitation. Additionally, while a service animal may, in some limited circumstances, be a component of a student’s individualized education program (“IEP”) or Section 504 Plan, those processes cannot serve as a mechanism to limit a student’s ability to be accompanied by a service animal if the animal is required because of the student’s disability and has been trained to perform work or a task specific to the student and his/her disability. Finally, the Policy continues to reflect that employees who wish to utilize a service animal remain subject to the reasonable accommodation provisions of Title I of the ADA. The revisions to this policy reflect the current state of the law and should be adopted to maintain accurate policies.
  • 8. page 7 of 8 ADMINISTRATIVE GUIDELINES AG 2260.01B – Section 504/ADA Parents’ Procedural Rights, Including Due Process Hearing (Revised) See note on Policy 2260.01. AG 5460 – Graduation Requirements (Revised) See note on Policy 5460. AG 5460.01 – Graduation Requirements Career and Technical Education (CTE) (New) See note on Policy 5460. AG 7540.04 - Staff Education Technology Acceptable Use and Safety (Revised) This guideline is being revised to clarify client concerns regarding confidentiality requirements. AG 8310A – Public Records (Revised) See Legal Alert #3 in this Update. AG 8390 - Use of Service Animals (Revised) See note on Policy 8390. AG 8420 – Emergency Situations at the Academy (Revised) This guideline has been revised to bring it up-to-date with current requirements regarding school safety drills. AG 9160A - Accessibility of Academy Facilities (Revised) This guideline is revised to reflect the requirements outlined in Legal Alert #2 in this Update. FORMS Form 5320 F3 – Immunization Waiver (DELETE) As a result of recent communications with representatives from the Michigan Department of Community Health (MDCH), it is recommended that Academies utilize the forms provided by MDCH for reporting required information. You may readily access MDCH forms electronically, using their website: http://www.michigan.gov/mdch
  • 9. page 8 of 8 Form 8400 F1 – Documentation Pertaining to Threat Assessment and Intervention (New) See note on Policy 8400. COMMENTS Electronic Access to Management Documents If you are interested in finding out more about National Charter Schools Institute’s system for producing the Academy’s policies, guidelines, and forms, ask your National Charter Schools Institute associate for a demonstration in your office. All that is required is that you have a computer and access to the Internet. Reviewing Board Minutes A feature of your subscription to the Update Service is the review of your Academy’s Board minutes to identify action that results in new policy or revision to existing policy. If such action has been taken and copies of the related materials have not been submitted to the Institute, the Academy will be contacted and additional information regarding the action will be requested. Please take advantage of this valuable service by sending copies of your Board minutes to the Institute for review.
  • 10. BRITTON, SMITH, PETERS & KALAIL CO., L.P.A. ATTORNEYS AT LAW LEGAL ALERT To: NEOLA/National Charter Schools Institute Clients From: NEOLA Counsel Re: Meeting the Communication Needs of Students with Hearing, Vision, or Speech Disabilities Date: January, 2015 On November 12, 2014, the Office for Civil Rights (“OCR”) issued guidance to enable children with hearing, vision, or speech disabilities to communicate effectively in school. OCR’s guidance focuses on Title II of the Americans with Disabilities Act of 1990 (“Title II), and how it compares with the Academy’s obligations under the Individuals with Disabilities Education Improvement Act (“IDEA”). General Title II Obligations Title II regulations require academies to provide disabled individuals with equal opportunities to participate in, and benefit from, all school activities. Specifically, public schools must provide auxiliary aids and services to ensure that communication with disabled students is as effective as communications with students without disabilities. These auxiliary aids and services should be offered in an accessible format, timely manner, and in a way that protects the child’s privacy and independence. Examples include interpreters, computer-aided transcription services, readers, audio-recordings, taped texts, large print materials, and text-to-speech technology. In deciding which auxiliary aid or service is appropriate for each individual student, academies must give primary consideration to the student’s request. In addition, the Academy should also consider the number of people involved in the communication, the expected length of interactions, and the communication content. OCR highlights the evolving nature of communication and urges academies to reassess a student’s needs as circumstances and/or technologies change. Importantly, these Title II regulations apply not only to students, but to all who seek to benefit from the school’s services, programs, or activities. For example, these rules apply to parent- teacher conferences, ceremonies, field trips, registration, and open houses. Academies cannot charge for the auxiliary aids or services. Further, they cannot ask the disabled individual to bring an interpreter, unless that person specifically requests to do so. Other than in an emergency, a minor cannot interpret for the disabled individual. 1
  • 11. Title II Exceptions: An Academy must provide a reasonable auxiliary aid or service unless it can prove that it would result in: (1) a fundamental alteration in the nature of the service, program, or activity; or (2) an undue financial and administrative burden. If either applies, the Academy’s School Leader (or a designee) may formally refuse the request by providing a written statement explaining either the fundamental alteration or undue burden. Notably, a designee must have authority to make budgetary and spending decisions, and also have enough knowledge to consider all Academy resources. If the Academy declines to provide the aid or service, it prove the alteration is an undue burden, which the OCR specifically notes to be unlikely. Even if an Academy follows the above steps, it must still ensure the disabled individual participates in the school’s programming and activities to the maximum extent possible. Typically, this means the Academy has to provide a different auxiliary aid or service. Comparison to IDEA Regulations: • General Requirements: IDEA requires academies to prove students with a free appropriate public education (“FAPE”), one that provides a meaningful educational benefit. Title II goes beyond that obligation. First, it mandates academies ensure communications with disabled individuals are as effective as those with people without a disability. Next, it requires academies provide disabled individuals an equal opportunity to participate in, and enjoy the benefits of, the Academy’s services and programs. When an Academy provides FAPE, for example, but fails to ensure that communication with that student is as effective as communication with non-disabled students, it has not met its responsibility under Title II. In deciding which auxiliary aids or services meet the child’s needs, therefore, any IEP team must use the Title II standards, not IDEA regulations. • The IEP Process: An IEP is not a prerequisite to auxiliary aids and services; Title II also protects students without an IEP. The Academy, accordingly, must provide aids and services during any evaluation or identification process. Additionally, parents may request aids and services as part of the IEP, but they do not have to make a specific request. If the Academy knows the student needs assistance with communication, it must provide effective communication services, even without a parent’s specific request. Academies should review children’s auxiliary aids and services at least annually or whenever the parent requests a change. The obligation to provide effective communication under Title II is ongoing. 2
  • 12. • Funding: Academies may use IDEA funds for Title II aids and services if, and only if, those aids and services are also needed to provide FAPE under the IDEA. These aids and services must be delineated in the student’s IEP. Notification: Academies may determine who receives requests for auxiliary aids and services, and should notify parents and staff of that individual’s identity and contact information. Typically, this is the ADA coordinator or his/her designee. The IEP team coordinator may serve as the designee for IEP-eligible students. The individual deciding fundamental alteration or undue burden issues, however, must have authority to make budgetary and spending decisions and enough knowledge to consider all Academy resources. Academies must also notify parents about their complaint options and the Academy’s grievance process. In sum, meeting special education obligations does not always relieve academies of their obligations under Title II. Academies should ensure their administrators are aware of the different standards and legal requirements. If you have any questions concerning these guidelines, you should address them directly with your board’s legal counsel. This legal alert is intended as general information and not legal advice. No attorney- client relationship exists. If legal advice is required, obtain the services of an attorney. 3
  • 13. BRITTON, SMITH, PETERS & KALAIL CO., L.P.A. ATTORNEYS AT LAW LEGAL ALERT To: NEOLA/National Charter Schools Institute Clients From: NEOLA Counsel Re: Bullying and Special Education Students Date: December, 2014 On October 21, 2014, the Office for Civil Rights (“OCR”) issued guidance related to bullying and students with special education needs. In addition to emphasizing that ignoring disability-based bullying violates federal law, OCR notified districts that even general bullying may violate a disabled student’s educational rights. As OCR noted in previous guidance documents, districts are obligated to: (1) take prompt and effective steps reasonably calculated to end disability-based bullying; (2) eliminate the hostile environment; (3) prevent recurrence; and (4) remedy its effects. If the district suspects that such bullying affected the child’s free appropriate public education (“FAPE”) under either the IDEA or Section 504, it must address this concern and remedy possible FAPE-related effects. After reiterating the above, OCR clarifies that even bullying not based on protected status can affect FAPE. When a child with an Individualized Education Program (“IEP”) or a Section 504 plan is bullied on any basis, OCR now requires the team to meet and address FAPE concerns. The team must determine whether the bullying changed the child’s needs such that the IEP no longer provides a meaningful educational benefit. If so, the team must determine whether the student needs additional or different services and revise the IEP. Parents, OCR emphasizes should participate in these decisions, and when possible, the student should remain in his or her original placement. Victims should not bear the burden to avoid or handle the bullying, and teams, warns OCR, need to be cautious in considering a change in placement or service location.
  • 14. Although OCR does not provide clear-cut rules controlling when a District should convene its IEP/ Section 504 teams, it does offer several examples. A sudden decline in grades, increased emotional outbursts or behavioral interruptions, or a rise in missed classes or services would trigger an IEP/Section 504 meeting. In contrast, one low grade incident for a student who shows no other changes in academic progress or behavior would not trigger a duty to meet. In short, unless it is clear that the bullying did not affect the child’s FAPE, best practice requires the team to meet. Again, the meeting must seek to determine whether the child’s needs changed, how FAPE was impacted, and whether the student needs additional or different services. When investigating general bullying complaints against disabled students, OCR will first examine whether the school knew or should have known that the bullying may have affected FAPE. If so, OCR will determine whether the school promptly convened to address the aforementioned IEP/Section 504 questions. In sum, districts should red flag students with IEPs or Section 504 plans – or their parents – who file bullying complaints. Especially when the incident is serious or repeated, the team should meet as soon as possible to consider whether the bullying affected the child’s FAPE and what services need to be added or changed. If you have any questions concerning this guidance from OCR, you should address them directly with your board’s legal counsel. This legal alert is intended as general information and not legal advice. No attorney- client relationship exists. If legal advice is required, obtain the services of an attorney.
  • 15. LEGAL ALERT To: NEOLA/National Charter Schools Institute Clients From: NEOLA Re: Changes to FOIA, Effective July 1, 2015 Date: February, 2015 The legislature recently implemented changes to the Michigan Freedom of Information Act ("FOIA"). These changes go into effect July 1, 2015. This legal alert is intended to provide an overview of the most significant revisions to allow the Clients to make necessary changes to practices and procedures and familiarize appropriate staff with the new obligations and requirements. This alert does not cover every change and we recommend that current practices and procedures be reviewed with legal counsel to determine what, if any, actual changes need to be made. Significant Changes Regarding Fees The revisions to the law include many changes to how a public body may charge fees for responding to FOIA requests. The most notable changes limit a public body to charging only certain categories of fees and require specific and detailed notice be provided to the public regarding what fees may be charged. A public body is now required to develop and use a standard form to provide a detailed itemization of any fee amount it has or will charge in its response to written requests under FOIA. The allowable charges are limited to six fee components and restrictions are placed on how the fees must be calculated by the public body in each of these components. For example, charges for paper copies are limited to 10 cents per sheet, excluding the other allowable costs. One component – labor costs relating to separating exempt from nonexempt information – may be contracted out in certain circumstances and charged at a higher rate as described in the statute. Labor costs may include a fringe benefit multiplier of up to 50%. A good faith deposit of not more than 1/2 of the total estimated fee may be requested if the fee estimate or charge exceeds $50. If this occurs, the public body must also include a best efforts estimate of the time frame it will take for it to comply with the request with the total fee estimate. No fees may be charged for information available on a Client's website, unless paper copies are requested after the requester is informed by the public body of the availability of the materials on the website. A public body may refer the requester to the website in lieu of providing the information. Additionally, if an employee receives a verbal request for information that is available on the website, he/she must inform the requester of its availability and location on the website. In addition to changes to allowable fees, the revisions include additional mandates for how to assess and treat requests from indigent individuals and nonprofit organizations. A 100% deposit may be required from individuals who have requested, but not paid for, records in the past, with certain specified limitations.
  • 16. Access to Information If a requester asks for records via nonpaper physical media, the public body must comply with this request if it is technologically capable of doing so. A public body is now required to establish procedures and guidelines to implement FOIA. A public body must also create a written public summary of the procedures and guidelines explaining to the public how to submit a request, how to understand a response, deposits, and fees, and how to appeal an adverse decision in "a manner so as to be easily understood by the general public." This should be prepared by each Client based on its particular procedures. The procedures, guidelines, and written summary must be posted on a public body's website and must be made available for free with each written response to a FOIA request and upon request. These may be provided in a written response by providing a link to the appropriate web page, as opposed to producing paper copies. Time for Response/Failure to Respond The revisions allow for relief from the response time requirements if a written request is submitted electronically and ends up in the public body's spam or junk mail folder. If that happens, the request is not considered received until 1 day after the public body first becomes aware of the request. If a public body does not respond in a timely manner, if must reduce charges for permissible labor costs as described in the statute (5% per day up to a 50% maximum). However, this reduction is only required if: 1) the failure was willful and intentional, or 2) the request included certain terms or words within the first 250 words such that the entity should have realized it was a FOIA request. Penalties/Remedies The civil fines for an "arbitrary and capricious" violation of the act have increased to $1,000. Additional civil fines of $2,500 - $7,500 are required to be assessed against a public body if a court finds the public body willfully and intentionally failed to comply or otherwise acted in bad faith. The requesters have two options if the public body charges an excessive fee: 1) appeal to the head of the public body, if permitted by the procedures and guidelines, or 2) initiate a civil action in the circuit court. If an appeal to the head of the public body is appropriate, the head of the public body must take action within 10 business days after receiving the appeal. If you have any questions concerning the information in this alert, you should address them directly with your board’s legal counsel. This legal alert is intended as general information and not legal advice. No attorney- client relationship exists. If legal advice is required, obtain the services of an attorney.
  • 17. Board Policy Service – SPRING 2015 Update Summary Client Name: Meeting Date: Client Rep: Institute Faculty: E-Mail Address:___________________________ ** Return a copy of this document along with the draft documents for processing ** Bachman Esch Halik Hartman Yates BOARD POLICIES Policy No. Policy Title New/ Revise/ Replace/ Delete Is the Policy Legally Required? (Y/N) Summary 1240 1420 3220 Evaluation of the Educational Service Provider Academy Administrator and School Leader Evaluation Teacher Evaluation Revised Revised Revised Y Y Y These policies have been updated to comply with the changes to M.C.L. 380.1249, including the current requirements relating to use of student growth as a factor in the evaluation process, mid-year reviews for certain staff, and the required rating categories. The policies now provide similar review criteria for staff and administration as required by applicable statutory language. Additionally, AG 3220A should be deleted since all necessary language has been included in Policy 3220. These revisions reflect the current state of the law and regulations and should be adopted to maintain accurate policies. 2260.01 Section 504/ADA Prohibition Against Discrimination Based on Disability Revised Y Language has been added to this policy in response to the Office for Civil Rights requirement that students and their parents be notified of their right to participation and representation during all steps of due process. These revisions reflect the current state of the law and should be adopted to maintain accurate policies. 3120 4120 Employment of Teachers and Administrators Employment of Staff Revised Revised Y Y Language in these policies has been updated to reflect current “Highly Qualified” certification requirements. This revision reflects the current state of the law and regulations and should be adopted to maintain accurate policies. 3139 Staff Discipline Deleted N Does not apply to Charter Schools. Discipline will either be administered by the Educational Service Provider or in accordance with the employee handbook and/or individual contract of employment. 5112 Entrance Age Revised Y Revisions are necessary due to the passage of Public Act 479 of 2014. Entrance age has been revised to September 1. Revisions to this policy reflect the current state of the law and should be adopted to maintain accurate policies. © National Charter Schools Institute
  • 18. Board Policy Service – Fall 2014 Update Summary Page 2 of 5 5114 Foreign and Foreign- Exchange Students New Y The revisions proposed to this policy address the requirements set forth in current Federal law pertaining to nonimmigrant students who have citizenship in countries other than the United States and who enter the U.S. on either an J-1 or F-1 Visa to attend high school in the United States. Students who have a J-1 Visa are what we have traditionally thought of as foreign exchange students. The Academy can also choose to sponsor nonimmigrant students who have citizenship in countries other than the United States who seek admission to the United States to study for up to one academic year. If the Academy agrees to sponsor a nonimmigrant student who has citizenship in a country other than the United States so that student is able to apply for a F-1 Visa. These revisions reflect the current state of the law and should be adopted to maintain accurate policies. 5114A Foreign Students on Visa Deleted Y The language in this policy is duplicated in other policies. 5320 Immunization Revised Y In December, 2014, the Joint Committee on Administrative Rules approved a new educational requirement for Michigan parents seeking a non- medical waiver from the vaccination requires for their children. The new rule requires parents/guardians to speak with a health educator from their local health department regarding the benefits of vaccination and the risks to the individual and the community from not getting vaccinated. The county health department will provide the non-medical waiver form to the parent, which the Academy must honor. The new rule became effective January 1, 2015. Additionally, the Department of Health and Human Services (DHHS) is duly noted in both the policy and guideline in recognition that the Michigan Department of Community Health and the Department of Human Services (formerly Family Independence Agency) have been consolidated. These revisions reflect the current state of the law and regulations and should be adopted to maintain accurate policies and guidelines. 5350 Student Suicide Revised Y These revisions reflect recent guidance from the American Foundation for Suicide Prevention regarding assessment and intervention strategies. These revisions are recommended but not required. 5460 Graduation Requirements Revised Y Revisions to this policy reflect the changes required by law and the Michigan Department of Education (MDE). These revisions reflect the current state of the law and should be adopted to maintain accurate policies. 5517.01 Bullying Replaced Y Revisions to this policy reflect the changes enacted by Public Act 478 of 2014. Academies are required to file updated policies with the Michigan Department of Education (MDE) not later than May 31, 2015. These revisions reflect the current state of the law and should be adopted to maintain accurate policies. 8390 Animals on Academy Property Revised Y National Charter Schools Institute originally revised Policy 8390 in 2013 to ensure that all persons who bring animals (including service animals) onto school © National Charter Schools Institute
  • 19. Board Policy Service – Fall 2014 Update Summary Page 3 of 5 property are treated in an equal and nondiscriminatory manner – i.e., the policy holds each person to the same standards and requirements, regardless of the purpose for which the animal was coming onto school property. While that requirement is consistent with Section 504’s nondiscrimination provisions concerning students’ equal access to the Academy’s programs, activities and facilities when compared to nondisabled individuals, over the past two years, the Department of Justice – pursuant to its authority to enforce Title II of the Americans with Disabilities Act, as amended (ADA) – has actively investigated and challenged Title II public entities that place any restrictions on the ability of a person to bring a service animal on or into the public entity’s facilities. Pursuant to guidance issued by the Department of Justice, public entities may only ask: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Thus, while service animals in general may be subject to state and county laws, regulations and ordinances pertaining to their licensing, vaccination and veterinary requirements, a public entity may not inquire about those topics. National Charter Schools Institute has, therefore, revised Policy/AG 8390 to reflect the Department of Justice’s strict interpretation of this limitation. Additionally, while a service animal may, in some limited circumstances, be a component of a student’s individualized education program (“IEP”) or Section 504 Plan, those processes cannot serve as a mechanism to limit a student’s ability to be accompanied by a service animal if the animal is required because of the student’s disability and has been trained to perform work or a task specific to the student and his/her disability. Finally, the Policy continues to reflect that employees who wish to utilize a service animal remain subject to the reasonable accommodation provisions of Title I of the ADA. The revisions to this policy reflect the current state of the law and should be adopted to maintain accurate policies.” 8400 Academy Safety Information Revised Y This policy and guideline were revised to include additional, optional language dealing with threat assessment. The threat assessment content is recommended, but not required. ADMINISTRATIVE GUIDELINES/PROCEDURES AG No. Procedure Title New/ Revise/ Replace/ Delete Comment 2260.01B Section 504/ADA Parents’ Procedural Rights, Including Due Process Hearing Revised Language has been added to this policy in response to the Office for Civil Rights requirement that students and their parents be notified of their right to participation and representation during all steps of due process. These revisions reflect the current state of the law and should be adopted to maintain accurate policies. © National Charter Schools Institute
  • 20. Board Policy Service – Fall 2014 Update Summary Page 4 of 5 3220A Evaluation of Staff DELETE These policies have been updated to comply with the changes to M.C.L. 380.1249, including the current requirements relating to use of student growth as a factor in the evaluation process, mid-year reviews for certain staff, and the required rating categories. The policies now provide similar review criteria for staff and administration as required by applicable statutory language. Additionally, AG 3220A should be deleted since all necessary language has been included in Policy 3220. These revisions reflect the current state of the law and regulations and should be adopted to maintain accurate policies. 5320 Immunization of Students in School Revised In December, 2014, the Joint Committee on Administrative Rules approved a new educational requirement for Michigan parents seeking a non-medical waiver from the vaccination requires for their children. The new rule requires parents/guardians to speak with a health educator from their local health department regarding the benefits of vaccination and the risks to the individual and the community from not getting vaccinated. The county health department will provide the non-medical waiver form to the parent, which the Academy must honor. The new rule became effective January 1, 2015. Additionally, the Department of Health and Human Services (DHHS) is duly noted in both the policy and guideline in recognition that the Michigan Department of Community Health and the Department of Human Services (formerly Family Independence Agency) have been consolidated. These revisions reflect the current state of the law and regulations and should be adopted to maintain accurate policies and guidelines. 5350 Suicide Intervention Process Revised These revisions reflect recent guidance from the American Foundation for Suicide Prevention regarding assessment and intervention strategies. These revisions are recommended but not required. 5460 Graduation Requirements Revised See note on Policy 5460. 5460.01 Graduation Requirements Career and Technical Education (CTE) New See note on Policy 5460. 7540.04 Staff Education Technology Acceptable Use and Safety Revised This guideline is being revised to clarify client concerns regarding confidentiality requirements. 8310A Public Records Replaced See Legal Alert #3 in this Update. 8310A Appendix A Freedom of Information Act Written Summary New This is a supplement for guideline 8310A. 8310A Appendix B Freedom of Information Act Fee Itemization Form New This is a supplement for guideline 8310A. 8390 Use of Service Animals Revised See note on Policy 8390. 8400A Threat Assessment and Intervention New This policy and guideline were revised to include additional, optional language dealing with threat assessment. The threat assessment content is recommended, but not required. 8420 Emergency Situations at the Academy Revised This guideline has been revised to bring it up-to-date with current requirements regarding school safety drills. 9160A Accessibility of Academy Facilities Revised This guideline is revised to reflect the requirements outlined in Legal Alert #2 in this Update. © National Charter Schools Institute
  • 21. Board Policy Service – Fall 2014 Update Summary Page 5 of 5 FORMS – All Forms are available for download on the Board Policy Portal Form No. Form Title New/ Revise/ Replace/ Delete Comment 5320F3 Immunization Waiver DELETE As a result of recent communications with representatives from the Michigan Department of Community Health (MDCH), it is recommended that Academies utilize the forms provided by MDCH for reporting required information. You may readily access MDCH forms electronically, using their website: http://www.michigan.gov/mdch 8400 F1 Documentation Pertaining to Threat Assessment and Intervention New See note on Policy 8400. © National Charter Schools Institute
  • 22. BOARD OF DIRECTORS ADMINISTRATION ACADEMY NAME 1240/page 1 of 1 REVISED POLICY—SPRING 2015 EVALUATION OF THE [ ] EDUCATIONAL SERVICE PROVIDER [ ] SCHOOL LEADER The Board of Directors believes it is essential to evaluate the [ ] Educational Service Provider’s [ ] School Leader’s performance periodically to assist both the Board and the [ ] Educational Service Provider [ ] School Leader to properly discharge their responsibilities and to enable the Board to provide the Academy with the best possible leadership. To carry out this responsibility, the Board will evaluate the Educational Service Provider according to the contract between the Board and the Educational Service Provider and a mutually agreed-upon tool. © National Charter Schools Institute
  • 23. BOARD OF DIRECTORS STAFF ACADEMY NAME 1420/page 1 of 3 REVISED POLICY—SPRING 2015 ACADEMY ADMINISTRATOR AND SCHOOL LEADER EVALUATION Reference: MCL 380.1249 [ ] The Board of Directors, through the powers derived from the School Code, including Section 1249 of the Michigan Revised School Code, MCL 380.1249, and other relevant statutes, is responsible for the employment and discharge of the Educational Service Provider. To carry out this responsibility it delegates to the Educational Service Provider, the function of establishing and implementing a rigorous, transparent, and fair performance evaluation system that shall conduct an annual evaluation of the School Leader in accordance with all the requirements of MCL 380.1249(3) and applicable law. [ ] The Educational Service Provider shall conduct an annual evaluation of the School Leader in accordance with all the requirements of MCL 380.1249(3) and applicable law. The [ ] School Leader [ ] Educational Service Provider shall conduct annual evaluations of all other academy administrators in accordance with MCL 380.1249(3) and applicable law. does all of the following: A. evaluations the School Administrator’s job performance at least annually in a year-end evaluation, while providing timely and constructive feedback. The year- end evaluation shall assign an effectiveness rating of high effective, effective, minimally effective, or ineffective; The Board shall perform the [ ] School Leader’s (employed by the Board) [ ] Educational Service Provider’s evaluation; the School Leader or Designee shall perform all other administrators’ evaluations; An administrator rated highly effective on three (3) consecutive year-end evaluations may be evaluated every other year, at the Academy’s discretion. B. establishes clear approaches to measuring student growth and provides school administrators with relevant data on student growth; C. evaluates a school administrator’s job performance using multiple rating categories that take into account data on student growth as a significant factor in the evaluation in accordance with state law (recommend at least twenty-five percent (25%). Beginning the 2015-2016 school year at least fifty percent (50%) of the annual year-end evaluation shall be based on student growth and assessment; For these purposes, student growth shall be measured by national, State, or local assessments and other objective criteria. During the 2014-2015 school years, student growth shall be measured using the state and alternative assessments as prescribed by the Revised School Code. © National Charter Schools Institute
  • 24. BOARD OF DIRECTORS STAFF ACADEMY NAME 1420/page 2 of 3 D. For the portion of the annual year-end evaluation that is not based on student growth and assessment data, that portion shall be based on the following factors for each school in which the administrator works as an administrator or, for a central-office level school administrator; 1. If the administrator conducts teacher performance evaluations, the administrator’s training and proficiency in using the evaluation tool for teachers, including a random sampling of his or her teacher performance evaluations. If the administrator designates another person to conduct teacher performance evaluations, the evaluation of the school administrator on this factor shall be based on the designee’s training and proficiency in using the evaluation tool for teachers, including a random sampling of the designee’s teacher performance evaluations; 2. The progress made by the Academy in meeting the goals set forth in the school improvement plan or the school district’s school improvement plans; 3. Pupil attendance in the Academy or school district; 4. Student, parent, and teacher feedback, and other information considered pertinent by the Board of Directors; E. If an administrator is rated as minimally effective or ineffective, then the person or persons conducting the evaluation shall develop and require the administrator to implement an improvement plan to correct deficiencies. The improvement plan shall recommend professional development opportunities and other measures designed to improve the rating of the administrator on his or her next annual year-end evaluation. F. uses the evaluations, at a minimum, to inform decisions regarding all of the following: 1. the effectiveness of school administrators, so that they are given ample opportunities for improvement; 2. promotion, retention, and development of school administrators, including providing relevant coaching, instruction support, or professional development; 3. whether to grant full certification, to school administrators using rigorous standards and streamlined, transparent, and fair procedures; and 4. removing ineffective school administrators after they have had ample opportunities to improve, and providing that these decisions are made using rigorous standards and streamlined, transparent, and fair procedures. The evaluation program shall aim at the early identification of specific areas in which the individual administrator needs help so that appropriate assistance may be provided or arranged for. A supervisor offering suggestions for improvement to an administrator shall not release that professional staff member from the responsibility to improve. If an administrator, after receiving a reasonable degree of assistance, fails to perform his/her assigned responsibilities in a © National Charter Schools Institute
  • 25. BOARD OF DIRECTORS STAFF ACADEMY NAME 1420/page 3 of 3 satisfactory manner, dismissal, or non-renewal procedures may be invoked. In such an instance, all relevant evaluation documents may be used. Evaluations shall be conducted as stipulated in the revised School Code, the employment contract, the [ ] Educational Service Provider’s [ ] School Leader’s Administrative Procedures and as directed by the Michigan Department of Education. An administrator rated as “ineffective” on three (3) consecutive year-end evaluations, using the same performance evaluation system, must be dismissed from employment. The Academy performance evaluation system, must be dismissed from employment. The Academy retains the discretion to dismiss an ineffective administrator regardless of whether the administrator is rated ineffective on three (3) consecutive year-end evaluations. An administrator shall be given a copy of any documents relating to his/her performance which are to be placed in the personnel file. © National Charter Schools Institute
  • 26. BOARD OF DIRECTORS PROGRAM ACADEMY NAME 2260.01/page 1 of 6 REVISED POLICY—SPRING 2015 SECTION 504/ADA PROHIBITION AGAINST DISCRIMINATION BASED ON DISABILITY Reference: 29 USC 794, Section 504 Rehabilitation Act of 1973, as amended 34 C.F.R. Part 104 42 USC 12101 et seq., Americans with Disabilities Act of 1990, as amended Pursuant to Section 504 of the Rehabilitation Act of 1973 (“Section 504”), the Americans with Disabilities Act of 1990, as amended (“ADA”) and the implementing regulations (collectively "Section 504/ADA"), no otherwise qualified individual with a disability shall, solely by reason of his/her disability, be excluded from participation be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Board of Directors does not discriminate in admission or access to, or participation in, or treatment, in its programs or activities. As such, the Board's policies and practices will not discriminate against students with disabilities, and will make accessible to qualified individuals with disabilities its facilities, programs, and activities. No discrimination will be knowingly permitted against any individual with a disability on the sole basis of that disability in any of the programs, activities, policies, and/or practices in the Academy. An individual with a disability" means a person who has, had a record of, or is regarded as having, a physical or mental impairment that substantially limits one or more major life activities. Major life activities are functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, eating, sleeping, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Major life activities also include the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. An impairment that is episodic in nature or in remission is considered a disability if it would substantially limit a major life activity when active. The determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of mitigating measures such as medication, medical supplies, equipment or appliances, low-vision devices (not including ordinary eyeglasses or contact lenses), prosthetics (including limbs and devices), hearing aides and cochlear implants or other implantable hearing devices, mobility devices, oxygen therapy equipment or supplies, assistive technology, reasonable accommodations or auxiliary aids or services, or learned behavioral or adaptive neurological modifications. With respect to public preschool, elementary and secondary educational services, a qualified person with a disability means a disabled person: A. who is of an age during which nondisabled persons are provided educational services; B. who is of any age during which it is mandatory under Michigan law to provide educational services to disabled persons; or © National Charter Schools Institute
  • 27. BOARD OF DIRECTORS PROGRAM ACADEMY NAME 2260.01/page 2 of 6 C. to whom the State is required to provide a free appropriate public education pursuant to the Individuals with Disabilities Education Improvement Act (IDEIA). With respect to vocational education services, a qualified person with a disability means a disabled person who meets the academic and technical standards requisite to admission or participation in the vocational program or activity. Compliance Officer(s) The Board designates the following individual(s) to serve as the Academy’s 504 Compliance Officer(s)/ADA Coordinator(s) (hereinafter referred to as the “Academy Compliance Officer(s)”). [NOTE: Academies may want to consider appointing both a male and a female Academy Compliance Officer in order to provide complainants with the option to report their concerns to an individual of the gender with which they feel most comfortable. Additionally, by appointing two (2) Academy Compliance Officers, there should always be a Compliance Officer available to investigate a claim that pertains to the other Compliance Officer.] _________________ _________________ (Name) (Name) _________________ _________________ (Title) (Title) _________________ _________________ (Address) (Address) __________________ __________________ (Phone Number) (Phone Number) The names, titles, and contact information of this/these individual(s) will be published annually: ( ) in the staff handbooks. ( ) in the Annual Report to the public. ( ) on the Academy’s web site. ( ) in the Academy’s calendar. ( ) _____________________________ Building Principals shall serve as Building Section 504/ADA Compliance Officer(s) (“Building Compliance Officers”). The Academy Compliance Officer(s) is/are responsible for coordinating the Academy’s efforts to comply with and fulfill its responsibilities under Section 504 and Title II of the ADA. A copy of Section 504 and the ADA, including copies of the implementing regulations, may be obtained from the Academy Compliance Officer. © National Charter Schools Institute
  • 28. BOARD OF DIRECTORS PROGRAM ACADEMY NAME 2260.01/page 3 of 6 The Academy Compliance Officer(s) will oversee the investigation of any complaints of discrimination based on disability, which may be filed pursuant to the Board's adopted internal complaint procedure, and will attempt to resolve such complaints. The [ ] Board [ ] and Educational Service Provider will provide for the prompt and equitable resolution of complaints alleging violations of Section 504/ADA. (See below) The [ ] Board [ ] Educational Service Provider will further establish and implement a system of procedural safeguards in accordance with Section 504, including the right to an impartial due process hearing. (See AG 2260.01B) Training The Academy Compliance Officer(s) will also oversee the training of employees in the Academy so that all employees understand their rights and responsibilities under Section 504 and the ADA, and are informed of the Board's policies, Administrative Procedures and practices with respect to fully implementing and complying with the requirements of Section 504/ADA. The [ ] Board [ ] Educational Service Provider will provide in-service training and consultation to staff responsible for the education of persons with disabilities, as necessary and appropriate. Facilities No qualified person with a disability will, because the Academy's facilities are inaccessible to or unusable by persons with disabilities, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity to which Section 504/ADA applies. For facilities constructed or altered after June 3, 1977, the Academy will comply with applicable accessibility standards. For those existing facilities constructed prior to June 3, 1977, the Academy is committed to operating its programs and activities so that they are readily accessible to persons with disabilities. This includes, but is not limited to, providing accommodations to parents with disabilities who desire access to their child's educational program or meetings pertinent thereto. Programs and activities will be designed and scheduled so that the location and nature of the facility or area will not deny a student with a disability the opportunity to participate on the same basis as students without disabilities. Education The Board is committed to identifying, evaluating, and providing a free appropriate public education (FAPE) to students within its jurisdiction who have a physical or mental impairment that substantially limits one or more major life activities, regardless of the nature or severity of their disabilities. An appropriate education, may include regular or special education and related aids and services to accommodate the unique needs of students with disabilities. For disabled students who are not eligible for specially designed instruction under the IDEIA, the special education and related aids and services (including accommodations/modifications/interventions) they need in order to have their needs met as adequately as the needs of nondisabled students are met, shall be delineated, along with their placement, in a Section 504 Plan (Form 2260.01A F13). Parents/guardians/custodians © National Charter Schools Institute
  • 29. BOARD OF DIRECTORS PROGRAM ACADEMY NAME 2260.01/page 4 of 6 (“parents”) are invited and encouraged to participate fully in the evaluation process and development of a Section 504 Plan. The Board is committed to educating (or providing for the education of) each qualified person with a disability who is enrolled by the Academy to the maximum extent appropriate. Generally, the Academy will place a person with a disability in the regular educational environment unless it is demonstrated that the education of the person in the regular environment even with the use of supplementary aids and services cannot be achieved satisfactorily. If the Academy places a person in a setting other than the regular educational environment, it shall take into account the proximity of the alternate setting to the person's home. The Academy will provide non-academic extracurricular services and activities in such a manner as is necessary to afford qualified persons with disabilities an equal opportunity for participation in such services and activities. Nonacademic and extracurricular services and activities may include counseling services, physical recreational athletics, transportation, health services, recreational activities, special interests groups or clubs sponsored by the Academy, referrals to agencies that provide assistance to persons with disabilities, and employment of students. In providing or arranging for the provision of meals and recess periods, and nonacademic and extracurricular services and activities, including those listed above, the Academy will verify that persons with disabilities participate with persons without disabilities in such services and activities to the maximum extent appropriate. Notice Notice of the Board's policy on nondiscrimination in education practices and the identity of the Academy's Compliance Officer(s) will be posted throughout the Academy, and published in the Academy's recruitment statements or general information publications. [ ] The Educational Service Provider shall develop Administrative Procedures for the proper implementation of this policy. Complaint Procedures If a person believes that s/he has been discriminated against on the basis of his/her disability, the person may utilize the following complaint procedures as a means of reaching, at the lowest possible administrative level, a prompt and equitable resolution of the matter. In accordance with Section 504 of the Rehabilitation Act of 1973 and its implementing regulations (“Section 504”), parents and students will be notified of their right to file an internal complaint regarding an alleged violation, misinterpretation or misapplication of Section 504. In addition, students and their parents will be notified of their right to file a complaint with the U.S. Department of Education's Office for Civil Rights. Finally, students and parents will be advised of their right to request a due process hearing before an Impartial Hearing Officer (IHO) regarding the identification, evaluation or educational placement of persons with disabilities, including the right to participation by the student’s parents or guardian and representation of counsel, and their right to examine relevant education records. Internal complaints and requests for due process hearings must be put in writing and must identify the specific circumstances or areas of dispute that have given rise to the complaint or the request for a hearing, and offer possible solutions to the dispute. The complaint or request for due process hearing must be filed with an Academy the Compliance Officer within © National Charter Schools Institute
  • 30. BOARD OF DIRECTORS PROGRAM ACADEMY NAME 2260.01/page 5 of 6 specified time limits. The Academy's Compliance Officer is available to assist individuals in filing a complaint or request. Internal Complaint Procedures An internal complaint may be filed by a student and/or parent. A student and/or parent may initiate the internal complaint procedure when s/he/they believe that a violation, misapplication or misinterpretation of Section 504 has occurred. Additionally, the following procedure may be used for any disagreement with respect to actions regarding the identification, evaluation, or educational program or placement of students who are identified as disabled or believed to be disabled pursuant to Section 504, and are not eligible under the IDEIA, except in the case of disciplinary actions where the provisions of the Student Code of Conduct apply. Use of the internal complaint procedure is not a prerequisite to the pursuit of other remedies, including the filing of a complaint with the U.S. Department of Education's Office for Civil Rights or requesting a due process hearing. Step 1 Investigation by the Building Compliance Officer: A student or parent may initiate an investigation by filing a written internal complaint with the Building Compliance Officer. The complaint should fully describe the circumstances giving rise to the dispute and how the child is adversely affected. The complaint must be filed as soon as possible, but not longer than thirty (30) calendar days after disclosure of the facts giving rise to the complaint. The Building Compliance Officer shall conduct an impartial investigation of the complaint. As part of the investigation, the Building Compliance Officer shall permit the complainant to present witnesses and other evidence in support of the complaint. The investigation shall be completed within fifteen (15) school days of the written complaint being filed. The Building Compliance Officer will notify the complainant in writing of his/her decision. Step 2 Appeal to the Academy Compliance Officer: If the complaint is not resolved satisfactorily at Step 1, the student or parent may appeal the Building Compliance Officer's decision in writing to the Academy Compliance Officer. The appeal must be made within five (5) school days following receipt of the Building Compliance Officer's decision. The Academy Compliance Officer will review the case, may conduct an informal hearing, and will notify all parties in writing of his/her decision within ten (10) school days of receiving the appeal. Step 3 2 If the complaint is not resolved satisfactorily at Step 2 satisfactorily at Step 1, the student or parent may request a due process hearing, provided the complaint involves an issue related to the identification, evaluation, or placement of the student. If it is determined that the Complainant was subjected to unlawful discrimination, the Building and Academy COs Compliance Officer must identify what corrective action will be taken to stop, remedy, and prevent the recurrence of the discrimination/retaliation. The corrective action should be reasonable, timely, age-appropriate and effective, and tailored to the specific situation. © National Charter Schools Institute
  • 31. BOARD OF DIRECTORS PROGRAM ACADEMY NAME 2260.01/page 6 of 6 OCR Complaint At any time, if a student or parent believes that s/he has been subjected to discrimination based upon his/her disability in violation of Section 504 or the ADA, the individual may file a complaint with the U.S. Department of Education's Office for Civil Rights ("OCR"). The OCR can be reached at: U.S. Department of Education Office for Civil Rights Cleveland Office 1350 Euclid Avenue, Suite 325 Cleveland, Ohio 44115 (216) 522-4970 FAX: (216) 522-2573 TDD: (216) 522-4944 E-mail: OCR.Cleveland@ed.gov Web: http://www.ed.gov/ocr Except in extraordinary circumstances, the OCR does not review the result of individual placement and other educational decisions, so long as the Academy complies with the "process" requirements of Subpart D of Section 504. Retaliation Retaliation against a person who makes a report or files a complaint alleging unlawful discrimination, or participates as a witness in an investigation, is prohibited. Specifically, the Board will not retaliate against, coerce, intimidate, threaten or interfere with any individual because the person opposed any act or practice made unlawful by Section 504 or the ADA, or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under those laws, or because that individual exercised, enjoyed, aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by those laws. © National Charter Schools Institute
  • 32. BOARD OF DIRECTORS STAFF ACADEMY NAME 3120/page 1 of 3 REVISED POLICY—SPRING 2015 EMPLOYMENT OF TEACHERS AND ADMINISTRATORS STAFF Reference: MCL 37.2101 et seq., 333.17901, 380.1229, 1230, 1230b, 1231, 1233, 1237, 380.623, 20 USC 6319 & 7801 The Board of Directors recognizes it is vital to the successful operation of the Academy that the [ ] School Leader [ ] Educational Service Provider fill positions created by the Board with highly-qualified, competent personnel who meet all current state and federal certification, training, and education requirements. The [ ] School Leader [ ] Educational Service Provider shall provide the Board with a list of the proposed staff that shows all current qualifications and licensing. For the purposes of this Section, staff and staff member shall This section applies to teachers and administrators employees working at the Academy. All staff are subject to a criminal history record check. See Policy 3121. [ ] The Neither the Board nor the Educational Service Provider may not employ immediate family members of Board members to work in any capacity within the Academy. [ ] Relatives of staff member(s) may be employed by the Board or the Educational Service Provider, provided the staff member(s) being employed is not placed in a position in which he/she would be supervised directly by his/her related staff member, or would supervise a related staff member. [ ] If a Board member wishes to apply for a position within the Academy, his/her resignation must be accepted by the Board prior to submission of an application, and such employment shall not conflict with the Academy’s Charter. A person employed as an a School Leader or administrator is not required to have a School Leader's certificate, issued by the Department of Education, but must confirm that he/she has met, or is in the process of fulfilling, the appropriate educational or certification requirements for School Leaders, established by the Revised School Code, Michigan Department of Education and applicable law. Staff hired to serve as an athletic trainer must be properly licensed by the state or otherwise legally authorized to engage in the practice of athletic training. Staff is prohibited from engaging in the practice of athletic training unless licensed and shall not offer to provide any service(s) that s/he was not qualified to perform by education, training, or experience or otherwise prohibited by law from performing. [ ] Staff hired to coach an interscholastic team/sport must have first aid and safety training as required by State statute. Certification of this requirement must come from the Red Cross or an equivalent agency. Prior to hiring an applicant, the [ ] School Leader [ ] Educational Service Provider shall obtain from the applicant a signed Consent to Obtain Records (Form 3120-F2 or 3120-F4, as applicable) and shall obtain any records from the applicant's current or immediately-previous © National Charter Schools Institute
  • 33. BOARD OF DIRECTORS STAFF ACADEMY NAME 3120/page 2 of 3 employer, including the applicant's personnel file (particularly any records relating to unprofessional conduct in which the applicant may have engaged). Any such records are to be reviewed prior to a recommendation for employment and may be disclosed to those individuals directly involved in evaluating the applicant's qualifications. Requirements for Title I Teachers All teachers hired for a Title I supported program must be “highly qualified.” Highly qualified means the following: A. The candidate has full State certification as a teacher or has passed the State teacher licensing exam and holds a current license to teach. (Certification or license requirements may not be waived on emergency, temporary, or provisional basis.) B. The candidate is an elementary teacher, new to the profession, and has the following: 1. at least a bachelor’s degree and 2. a passing score on a State test of subject knowledge and teaching skills in reading, writing, math, and other areas of elementary curriculum (State certification test may suffice). C. The candidate is a secondary or middle school teacher, new to the profession, and has the following: 1. at least a bachelor’s degree; and 2. a passing score on a State test in each of the subject areas he/she will teach (State certification test may suffice); or 3. for each academic subject to be taught, an academic major; course work equivalent to an undergraduate major; a graduate degree; or advanced certification or credentials. D. The candidate has prior experience, seeks an elementary, middle, or secondary school teaching position, and has the following: 1. at least a bachelor’s degree and 2. meets the standards for new teachers (above) or 3. demonstrate competence in all academic subjects he/she teaches, based on a uniform State standard of evaluation (standard for academic subject matter and teaching skills set by the State). Requirements for a Teacher in any School Receiving Title I Funding All core subject teachers (as defined in the No Child Left Behind Act) in a school receiving Title I funds must be “highly qualified,” as described above. The [ ] School Leader [ ] Educational Service Provider shall have a plan and shall show annual progress towards meeting these teacher-qualification requirements. Requirements for Title I Paraprofessionals All paraprofessionals hired for a program supported by Title I must have a secondary school diploma, or its recognized equivalent, and one of the following: A. two (2) years of study at an institution of higher education; or B. at least an associate’s degree; or © National Charter Schools Institute
  • 34. BOARD OF DIRECTORS STAFF ACADEMY NAME 3120/page 3 of 3 C. proof of having met a rigorous standard of quality as demonstrated through formal State or local academic assessment: 1. knowledge of and the ability to assist in instructing, reading, writing, and mathematics; or 2. knowledge of and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness. Exceptions: The requirements above do not apply to the following: A. a paraprofessional who is proficient in English and a second language and serves as a translator, primarily to enhance the participation of children in Title I programs; or B. a paraprofessional whose duties consist solely of conducting parental involvement activities. Paraprofessionals working for a program supported by Title I may be assigned to the following: A. provide one-on-one tutoring for eligible students, during times when the teacher would not otherwise be instructing the student; B. assist with classroom management, such as organizing instructional and other materials; C. provide assistance in a computer laboratory; D. provide support in a library or media center; E. conduct parental involvement activities; F. act as a translator; G. provide instructional services to students, if working under the direct supervision of a teacher; H. perform limited duties beyond classroom instruction or that may not directly benefit program participants, so long as those duties are also assigned to non- Title I paraprofessionals. Title I paraprofessionals may not be assigned to more of these duties, proportional to their total work time, than the amount assigned to similar non-Title I paraprofessionals in the same school. The [ ] School Leader [ ] Educational Service Provider shall prepare Administrative Procedures that comply with all legal requirements for the recruitment and selection of all staff. These procedures shall comply with all legal requirements. © National Charter Schools Institute
  • 35. BOARD OF DIRECTORS STAFF ACADEMY NAME 3139/page 1 of 1 DELETED POLICY—SPRING 2015 STAFF DISCIPLINE Whenever it becomes necessary to discipline a member of the staff, the Board of Directors directs the School Leader to utilize due-process procedures, to conduct an investigation, as appropriate to the situation, including providing the employee with reasonable notice and the opportunity to respond. If it appears that disciplinary action beyond verbal reprimand may be necessary, the School Leader should determine and take appropriate disciplinary action. The School Leader shall promptly notify the Board President in writing if the violation(s) resulting in such disciplinary action involved a breach of Board policy. . The notice to the Board President shall also indicate if either the violation or the disciplinary action adversely affected the instruction or well-being of students. The report shall describe the violation(s) resulting in the disciplinary action, the disciplinary action taken, and the action(s), if any, the School Leader has taken, or will take, to prevent such violations in the future. © National Charter Schools Institute
  • 36. BOARD OF DIRECTORS STAFF ACADEMY NAME 3220/page 1 of 3 REVISED POLICY—SPRING 2015 STAFF TEACHER EVALUATION Reference: MCL 380.1249 (as amended) [ ] The Board of Directors shall evaluate teachers in accordance with applicable law, including MCL 380.1249(2). [ ] The Board shall ensure that its Educational Service Provider evaluates teachers in accordance with the requirements of applicable law, including MCL 380.1249(2). through the powers derived from the School Code, including Section 1249 of the Michigan Revised School Code, MCL 380.1249 and other relevant statutes, is responsible for the employment and discharge of all personnel or has delegated it’s authority to employ and discharge personnel to [ ] the Educational Service Provider. To carry out this responsibility the Board performs or delegates to the [ ] Educational Service Provider, the function of establishing and implementing a rigorous, transparent, and fair performance evaluation system that does all of the following: A. Evaluates the employee's job performance at least annually while providing timely and constructive feedback Teachers rated highly effective on three (3) consecutive year-end evaluations may be evaluated every other year, at the Academy’s discretion; B. Establishes clear approaches to measuring student growth and provides professional staff with relevant data on student growth Commencing with the 2015-16 school year, the year-end evaluation of student growth shall be based on the most recent three (3) consecutive school years of student growth data, or all available student growth data if less than three (3) years is available; C. Evaluates an employee's job performance, multiple using rating categories of highly effective, effective, minimally effective and ineffective, which take into account data on student growth as a significant factor in the evaluation in accordance with State law. (recommend that it be no less than twenty-five percent (25%)). Beginning the 2015-2016 school year, at least fifty percent (50%) of the annual year-end evaluation shall be based on student growth and assessment. For these purposes, student growth shall be measured by national, State, or local assessments and other objective criteria. Student growth shall be measured using the State and alternative assessments as prescribed by the Section 1249 (MCL 380.1249); and D. uses the evaluations, at a minimum, to inform decisions regarding all of the following: 1. the effectiveness of employees, so that they are given ample opportunities for improvement; and © National Charter Schools Institute
  • 37. BOARD OF DIRECTORS STAFF ACADEMY NAME 3220/page 2 of 3 2. promotion, retention, and development of employees, including providing relevant coaching, instruction support, or professional development. E. For a teacher who received a rating of minimally effective or ineffective in his or her most recent annual year-end evaluation, the Academy Administrator or designee shall develop, in consultation with the teacher, an individualized development plan that includes goals and training and is designed to assist the teacher to improve his or her effectiveness. The Administrator has the option to develop an individualized development plan for teachers who are in the first year of a probationary period as defined by the Academy. F. Provides a mid-year progress report for every certificated teacher who has received a rating of minimally effective or ineffective on the last year-end evaluation. The Administrator has the option to conduct a mid-year progress report for a teacher who is in the first year of a probationary period as defined by the Academy. This mid-year report shall not replace the annual year-end evaluation. This mid-year report shall: 1. be based, at least in part, on student achievement; 2. be aligned with the teacher’s individualized development plan; and 3. include specific performance goals and any recommended training for the remainder of the school year, as well as written improvement plan developed in consultation with the teacher that incorporates the goals and training. G. includes classroom observations in accordance with the following: 1. must include review of the lesson plan, state curriculum standards being taught and student engagement in the lesson; 2. must include multiple observations unless the teacher has received an effective or higher rating on the last two (2) year- end evaluations; and 3. observations need not be for an entire class period. The staff evaluation program shall aim at the early identification of specific areas in which the individual professional staff member needs help so that appropriate assistance may be provided or arranged for. A supervisor offering suggestions for improvement to a professional staff member shall not release that professional staff member from the responsibility to improve. If a professional staff member, after receiving a reasonable degree of assistance, fails to perform his/her assigned responsibilities in a satisfactory manner, dismissal, or non- renewal procedures may be invoked. A teacher rated as “ineffective” on three (3) consecutive year-end evaluations, using the same performance evaluation system, must be dismissed from employment as a teacher with the Academy. The Academy retains the discretion to dismiss an ineffective teacher regardless of whether the teacher is rated ineffective on three (3) consecutive year-end evaluations. In such an instance, all relevant evaluation documents may be used in the proceedings. © National Charter Schools Institute
  • 38. BOARD OF DIRECTORS STAFF ACADEMY NAME 3220/page 3 of 3 Evaluations shall be conducted as stipulated in the revised School Code, the employment contract, the Administrative Procedures and as directed by the Michigan Department of Education. An administrator shall be given a copy of any documents relating to his/her performance which are to be placed in the personnel file. This policy shall not deprive a professional staff member of any rights provided by State law or contractual rights consistent with State law. © National Charter Schools Institute
  • 39. BOARD OF DIRECTORS SUPPORT STAFF ACADEMY NAME 4120/page 1 of 3 REVISED POLICY—SPRING 2015 EMPLOYMENT OF SUPPORT STAFF Reference: MCL 37.2101 et seq., 333.17901, 380.1230, 380.1230b 20 USC 6319 The Board of Directors recognizes it is vital to the successful operation of the Academy that the [ ] School Leader [ ] Educational Service Provider fill positions created by the Board with highly-qualified, competent personnel who meet all current state and federal certification, training, and education requirements. The [ ] School Leader [ ] Educational Service Provider shall provide the Board with a list of the proposed staff that shows all current qualifications and licensing. As used in this section, staff refers to all staff except for teachers and administrators. For the purposes of this Section, staff, support staff, staff member and support staff member shall mean [ ] Educational Service Provider [ ] Academy employees working at the Academy. All support staff are subject to a criminal history record check. See Policy 4121. [ ] The [ ] Educational Service Provider [ ] Board may not employ immediate family members of Board members to work in any capacity within the Academy. [ ] Relatives of staff members may be employed by the [ ] Educational Service Provider [ ] Board, provided the staff member being employed is not placed in a position in which he/she would be supervised directly by his/her related staff member or would supervise a related staff member. [ ] If a Board member wishes to apply for a position with the Academy, his/her resignation must be accepted by the Board prior to submission of an application. Staff hired to serve as an athletic trainer must be properly licensed by the state or otherwise legally authorized to engage in the practice of athletic training. Staff is prohibited from engaging in the practice of athletic training unless licensed and shall not offer to provide any service(s) that s/he was not qualified to perform by education, training, or experience or otherwise prohibited by law from performing. [ ] Staff hired to coach an interscholastic team/sport must have first aid and safety training as required by State statute. Certification of this requirement must come from the Red Cross or an equivalent agency. Prior to hiring an applicant, the [ ] Educational Service Provider [ ] School Leader shall obtain from the applicant a signed Consent to Obtain Records (Form 4120 F2) and shall obtain any records from the applicant's current or immediately-previous employer, including the applicant's personnel file (particularly any records relating to unprofessional conduct in which the applicant may have engaged). Any such records are to be reviewed prior to a recommendation for employment and may be disclosed to those individuals directly involved in evaluating the applicant's qualifications. The [ ] School Leader [ ] Educational Service Provider shall prepare procedures for the recruitment and selection of all support staff. These guidelines shall comply with all legal requirements, and shall be presented to the Board for review and input. © National Charter Schools Institute
  • 40. BOARD OF DIRECTORS SUPPORT STAFF ACADEMY NAME 4120/page 2 of 3 [ ] OPTIONAL: Choose this option if the Academy employs Title I Paraprofessionals Requirements for Title I Paraprofessionals All paraprofessionals hired for a program supported by Title I must have a secondary school diploma, or its recognized equivalent, and one of the following: A. two (2) years of study at an institution of higher education; or B. at least an associate’s degree; or C. proof of having met a rigorous standard of quality as demonstrated through formal State or local academic assessment: 1. knowledge of and the ability to assist in instructing, reading, writing, and mathematics; or 2. knowledge of and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness. Exceptions: The requirements above do not apply to the following: A. a paraprofessional who is proficient in English and a second language and serves as a translator, primarily to enhance the participation of children in Title I programs; or B. a paraprofessional whose duties consist solely of conducting parental involvement activities. Paraprofessionals working for a program supported by Title I may be assigned to the following: A. provide one-on-one tutoring for eligible students, during times when the teacher would not otherwise be instructing the student; B. assist with classroom management, such as organizing instructional and other materials; C. provide instructional assistance in a computer laboratory; D. provide instructional support in a library or media center; E. conduct parental involvement activities; F. act as a translator; G. provide instructional services to students, if working under the direct supervision of a teacher; © National Charter Schools Institute
  • 41. BOARD OF DIRECTORS SUPPORT STAFF ACADEMY NAME 4120/page 3 of 3 H. perform limited duties beyond classroom instruction or that may not directly benefit program participants, so long as those duties are also assigned to non- Title I paraprofessionals. Title I paraprofessionals may not be assigned to more of these duties, proportional to their total work time, than the amount assigned to similar non-Title I paraprofessionals in the same school. [END OF OPTION] The [ ] Educational Service Provider [ ] School Leader shall prepare Administrative Procedures that comply with all legal requirements for the recruitment and selection of all staff. These procedures shall comply with all legal requirements. © National Charter Schools Institute
  • 42. BOARD OF DIRECTORS STUDENTS NAME OF ACADEMY 5112/page 1 of 2 REVISED POLICY—SPRING 2015 ENTRANCE AGE Reference: M.C.L. 380.1147, 380.1561, 388.1606, 388.1705 & 17-05c 1705c IDEA, Part B; 34 CFR Part 300 Dear Colleague Letter, Feb. 29, 2012, U.S.D.O.E., Office of Special Education and Rehabilitative Services A.C. Rule 340.1754 The Board of Directors shall establish student entrance age requirements which are consistent with Michigan Law and sound educational practices which ensure equitable treatment. A child who turns six (6) years of age before December 1st must be enrolled on the first school day of the school year in which the child's sixth birthday occurs, and a child who turns six (6) years of age on or after December 1st must be enrolled on the first school day of the school year following the school year in which the child's sixth birthday occurs. A. Prekindergarten A child is eligible for entrance into the Academy's prekindergarten program if s/he attains the age of four (4) on or before December 1st of the year in which s/he applies for entrance and has not yet attained the age at which s/he will be admitted to kindergarten. Children attending prekindergarten shall be charged tuition in accordance with Board policy. ( ) No Kindergarten Offered by the Academy A child who is at least five (5) years of age on the first day of enrollment of the school year may attend school in the Academy if no kindergarten program is offered. B. Kindergarten A child who is at least five (5) years of age on or before the October 1st of 2014, or September 1st, 2015 or any of the school year of enrollment thereafter is eligible for entrance to the kindergarten program for that school year. The child may not be placed in an alternative program without permission of the parent. C. Early Entrance Upon written request by the parent or guardian, a child who A child who is not yet five (5) years of age on or before the specified eligibility date September 1st for the applicable school year will be admitted to kindergarten under the following circumstances: 1. the child will have attained the age of five (5) by December 1st of the school year of enrollment; and either two (2) or three (3) below; 2. the parent or guardian provides written notice to the Academy by © National Charter Schools Institute
  • 43. BOARD OF DIRECTORS STUDENTS NAME OF ACADEMY 5112/page 2 of 2 3. June 1st prior to the school year of enrollment of intent to enroll the child for that school year. ; or the parent or guardian provides written notice to the Academy by August 1st prior to the school year of enrollment of intent to enroll the child, if the child became resident in the Academy after June 1st . © National Charter Schools Institute
  • 44. BOARD OF DIRECTORS STUDENTS ACADEMY NAME 5114/page 1 of 2 NEW POLICY—SPRING 2015 FOREIGN AND FOREIGN-EXCHANGE STUDENTS Reference: M.C.L 380.504(3) 8 C.F.R. 214 et seq. 8 U.S.C. 1101 (Immigration Reform and Control Act) M.C.L. 380.1147 1985 O.A.G. 6316 Plyler v Doe, 457 U.S. 202 (1982) The Board of Directors recognizes the positive cultural benefits to the students, staff, and the community in meeting students from other countries and in having foreign students as members of the student body of this Academy. In accordance with other admissions policies, the Board will permit the admission of foreign students and foreign-exchange students (from recognized and approved student exchange programs) who are either deemed legal residents of the State of Michigan under applicable law or are permitted under MCL 380.504(3). [NOTE: The following section is optional] [ ] Student and Exchange Visitor Program for Nonimmigrant Students with F-1 Visas Provided such petition is not prohibited by the Academy’s authorizer, the Board authorizes the Academy to petition for approval to provide a Student and Exchange Visitor Program (SEVP). As an authorized SEVP provider, the Academy will issue the certificate of eligibility to nonimmigrant students who complete the application process successfully, which will enable them to apply for an F-1 Visa. All students entering under this section must be deemed residents of the State of Michigan or be permitted under MCL 380.504(3). Participation by nonimmigrant students in this program will be consistent with Federal law that requires the following: A. the student possess sufficient English language proficiency to participate in the high school curriculum B. the student's participation does not exceed an academic year C. the student pays to the Board the full amount of tuition prior to the commencement of the academic term of attendance D. the student otherwise maintains his/her lawful temporary immigration status [END OF OPTIONAL SECTION] Other Nonimmigrant Students This policy does not apply to nonimmigrant students with citizenship in countries other than the United States who are not participating in an approved exchange visitor program © National Charter Schools Institute
  • 45. BOARD OF DIRECTORS STUDENTS ACADEMY NAME 5114/page 2 of 2 ( ) or who are not sponsored by the Academy so they can attend the Academy as participants in the student and exchange visitor program (SEVP) on a valid F-1 visa. All other nonimmigrant students with citizenship in countries other than the United States who seek to enroll in the Academy are subject to State law and the Academy’s policies regarding enrollment and, if applicable, tuition. All such students must be deemed to be residents of the State of Michigan under applicable law or be permitted under MCL 380.504(3). © National Charter Schools Institute
  • 46. BOARD OF DIRECTORS STUDENTS ACADEMY NAME 5114A/page 1 of 1 DELETED POLICY—SPRING 2015 FOREIGN STUDENTS ON VISA Reference: MCL 380.1147, MSA 15.41147 Foreign Students Enrolled in Public School Districts, Mich. Dept. Educ. Pub., 3/17/06 The Board of Directors recognizes the positive cultural benefits to the students, staff, and the community in meeting students from other countries and in having foreign students as members of the student body of this Academy. In accordance with other admissions policies, the Board will permit the admission of foreign students and foreign-exchange students (from recognized and approved student exchange programs) who are residing within the State of Michigan. © National Charter Schools Institute
  • 47. BOARD OF DIRECTORS STUDENTS ACADEMY NAME 5320/page 1 of 1 REVISED POLICY—SPRING 2015 IMMUNIZATION Reference: MCL 333.9201 et seq., 380.1177, 380.1177a AC 325.176 The Board of Directors believes immunization is one of the most cost-effective measures to protect children from vaccine-preventable diseases. Accordingly, the Board requires that all students be properly immunized at the time of registration or not later than the first day of school pursuant to the provisions of the State Health Department of Health and Human Services (DHHS) regulations. However, students who do not meet the immunization requirements shall be admitted in accordance with Administrative Procedures. Transfer students shall not be admitted without proof of immunization as required by the State. There are three (3) circumstances in which a required vaccine may be waived or delayed: A. A valid medical contraindication exists to receiving the vaccine. The child’s physician must certify the contraindication. B. The parent(s)/guardian(s) hold religious or philosophical beliefs against receiving a vaccination. Any parent or guardian who wants to claim a nonmedical waiver must receive education regarding the benefits of vaccination and the risks of disease from a county health department before obtaining the certified nonmedical waiver form through the Local Health Department, and present same to the appropriate Academy personnel. The parents must submit, in writing, a request for an exemption before a waiver is granted. C. The child has received at least one (1) dose of each immunizing agent and the next dose(s) are not due yet. When the Academy provides information on immunizations, infectious disease, medications, or other school health issues to parents and guardians of pupils in at least grades 6, 9, and 12, then with that information the Board is required to include information about meningococcal meningitis and the vaccine for meningococcal meningitis as well as about the human papillomavirus and the vaccine for human papillomavirus. The information shall include at least the causes and symptoms of meningococcal meningitis, how it is spread, and the risks associated with human papillomavirus. In addition, the information shall include sources where parents and guardians may obtain additional information about both diseases and where they may obtain the associated vaccinations. The [ ] Educational Service Provider [ ] School Leader (employed by the Board) shall develop Administrative Procedures to ensure the proper implementation of this policy. © National Charter Schools Institute