Notices

Notice of the Right to Inspect Public Records

By law, under the Inspection of Public Records Act, every person has the right to inspect public records of the Hagerman Municipal School District. The Act also makes compliance with requests to inspect public records an integral part of the routine duties of the officers and employees of the Hagerman Municipal School District.

Requests to inspect public records should be submitted to the records custodian, located at:

Hagerman Municipal School District
Central Office
406 N. Cambridge / Drawer B
Hagerman, New Mexico 88232
575-752-3254
Fax: 575-752-3255

A person desiring to inspect public records may submit a request to the records custodian orally or in writing. However, the procedures and penalties prescribed by the Act apply only to written requests. A written request must contain the name, address and telephone number of the person making the request. Written requests may be submitted in person or sent via US mail, email or facsimile. The request must describe the records sought in sufficient detail to enable the records custodian to identify and locate the requested records.

The records custodian must permit inspection immediately or as soon as practicable, but no later than fifteen (15) calendar days after the records custodian receives the inspection request. If inspection is not permitted within three (3) business days, the person making the request will receive a written response explaining when the records will be available for inspection or when the public body will respond to the request. If any of the records sought are not available for public inspection, the person making the request is entitled to a written response from the records custodian explaining the reasons inspection has been denied. The written denial shall be delivered or mailed within fifteen (15) calendar days after the records custodian received the request for inspection.

If a person requesting inspection would like a copy of a public record, a reasonable fee may be charged. The fee for documents eleven inches by seventeen inches or smaller is .30 per page. The fee for larger documents is .35 per page. For records other than documents, the reasonable fee is cost plus 10%. The records custodian may request that applicable fees for copying public records be paid in advance, before the copies are made. A receipt indicating that the fees have been paid for making copies of public records will be provided upon request to the person requesting the copies.


Notice of Non-discrimination

SNAP and FDPIR State or local agencies, and their subrecipients, must post the following Nondiscrimination Statement:

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race,

color, national origin, sex, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

(1) mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or

(3) email: program.intake@usda.gov.

This institution is an equal opportunity provider.

Las agencias estatales o locales de SNAP y FDPIR, y sus beneficiarios secundarios, deben publicar el siguiente Aviso de No Discriminación:

De conformidad con la Ley Federal de Derechos Civiles y los reglamentos y políticas de derechos civiles del Departamento de Agricultura de los EE. UU. (USDA, por sus siglas en inglés), se prohíbe que el USDA, sus agencias, oficinas, empleados e instituciones que participan o administran programas del USDA discriminen sobre la base de raza, color, nacionalidad, sexo, credo religioso, discapacidad, edad, creencias políticas, o en represalia o venganza por actividades previas de derechos civiles en algún programa o actividad realizados o financiados por el USDA.

Las personas con discapacidades que necesiten medios alternativos para la comunicación de la información del programa (por ejemplo, sistema Braille, letras grandes, cintas de audio, lenguaje de señas americano, etc.), deben ponerse en contacto con la agencia (estatal o local) en la que solicitaron los beneficios. Las personas sordas, con dificultades de audición o con discapacidades del habla pueden comunicarse con el USDA por medio del Federal Relay Service [Servicio Federal de Retransmisión] llamando al (800) 877-8339. Además, la información del programa se puede proporcionar en otros idiomas.

Para presentar una denuncia de discriminación, complete el Formulario de Denuncia de Discriminación del Programa del USDA, (AD-3027) que está disponible en línea en: http://www.ascr.usda.gov/complaint_filing_cust.html y en cualquier oficina del USDA, o bien escriba una carta dirigida al USDA e incluya en la carta toda la información solicitada en el formulario. Para solicitar una copia del formulario de denuncia, llame al (866) 632-9992. Haga llegar su formulario lleno o carta al USDA por:

(1) correo: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; o

(3) correo electrónico: program.intake@usda.gov.

Esta institución es un proveedor que ofrece igualdad de oportunidades.


Parent Notification Letter

As required by 20 USC Section 1232g and 1232h, Hagerman Municipal Schools must annually notify parents of their rights under No Child Left Behind. In accordance with the No Child Left Behind Act, Title I, Part A, Section 1111 and New Mexico Public School Code 22-10A-16
Parent's Right To Know

The federal No Child Left Behind Act and the state Public School Code permits you as a parent the right to request information about the licensure and other qualifications, teaching assignment, and training of your child's teachers, instructional support providers (including paraprofessionals), and school principal who may work with your child.

If you are interested in requesting information, please contact Mr. Ricky Williams at 575 752 3254.


Discrimination & Civil Rights Grievance Procedures

The Hagerman Municipal School District complies with the Civil Rights laws, including but not limited to, Title VI of the Civil Rights Act of 1964 (discrimination based on race, color, or national origin), Title IX of the Education Amendments Act of 1972 (discrimination based on sex), ESEA Title I Parts A, C, and D of the General Provisions Act, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disability Act of 1990 (discrimination based on disability), in assuring the students and employees of the district and all other persons that the District does not discriminate on basis of race, color, sex, national origin, disability, religion, or age. The Superintendent is designated by the Board to coordinate the District’s efforts to comply with this assurance.

Compliance Officers:

Section 504
Justin Gossett, 504 Coordinator
Hagerman Municipal School District
406 North Cambridge/ Drawer B
Hagerman, New Mexico 88232
575-752-3279

ESEA Title I
Belia Reyes, Principal
Hagerman Municipal School District
406 North Cambridge/ Drawer B
Hagerman, New Mexico 88232
575-752-3279

Title IX and other Discrimination Concerns
Ricky Williams, Superintendent
Hagerman Municipal School District
406 North Cambridge/ Drawer B
Hagerman, New Mexico 88232
575-752-3254

Step 1 Prior to the filing of a written complaint, the person who believes a valid basis for a grievance exists is encouraged to visit with the Compliance Officer and make a reasonable effort to informally and in a verbal basis resolve the problem or complaint. The Compliance Officer after investigating the complaint will reply with an answer within five (5) business days.

If the complainant feels the grievance is not satisfactorily resolved informally, they may initiate formal procedures.

Step 2 A written statement of the grievance signed by the complainant shall be submitted to the Compliance Officer within ten (10) business days of receipt of answers to the informal complaint. The Compliance Officer shall further investigate the matter by gathering information from all parties and interviewing witnesses. The Compliance Officer will reply in writing to the complainant within ten (10) business days.

Step 3 If the complainant wishes to appeal the decision of the Compliance Officer, he/she may submit a signed statement of appeal to the Superintendent within ten (10) business days after receipt of the Compliance Officer’s response. The Compliance Officer and Superintendent cannot be the same individual. The Superintendent shall meet with all parties involved, formulate a conclusion, and respond in writing to the complainant within ten (10) business days.

Step 4 If the complainant remains unsatisfied, he/she may appeal through a signed written statement to the Hagerman Municipal School District’s Board of Education within ten (10) business days of the receipt of the Superintendent’s response in Step 3. In an attempt to resolve the grievance, the Board of Education shall meet with the concerned parties and their representative within forty (40) days of the receipt of such an appeal. A copy of the Board of Education’s disposition of the appeal shall be sent to each concerned party within ten (10) business days of the meeting.

Confidentiality of Records: All records, complaints, notes, documents, and statements made during or relating to allegations of discrimination shall be maintained on a confidential basis by the Compliance Officer, and no information concerning any complaints shall be documented in an employee’s personnel file. However, in the event official proceedings relating to such allegations are initiated by a party or the District, such records may become public in accordance with law. Information pertaining to complaints shall be maintained for three (3) years after resolution of the complaint.


Pupil Privacy Rights Act (PPRA)

The schools shall make every effort to comply with the Protection of Pupil Rights Act (PPRA) and acknowledge that parents and their children have specific rights under the Act.


Student Records

The collection, management, release, retention, inspection, transfer, and access of students' records maintained at Hagerman Municipal Schools are governed by New Mexico Inspection of Public Records Act (Section 14-2-1-3), the Family Educational and Privacy Act of 1974, Records and Disposition Schedule for New Mexico Public Schools (SRC Rule No. 86-13), 34 Code of Federal Regulations, Educational Standards for New Mexico Schools A.1.4., and Federal Educational Records Privacy Act Manual.

Policy and Procedures Regarding Student Records (2001)

Definitions:

For the purpose of this policy, Hagerman Schools uses the following definitions of terms:

a) Student – Any person who is enrolled and attends or has attended a school in the District.

b) Eligible Student – A student or a former student who has reached age 18 or is attending a postsecondary school.

c) Parent – Either natural parent of a student, a guardian, or an individual authorized to act as a parent or guardian in the absence of the student’s parent or guardian.

d) School Official – A person employed by the District as an administrator, supervisor, instructor, or support staff member, including health or medical staff, a person elected to the School Board, a person employed by or under contract to the District to perform a special task, such as an attorney, auditor, medical consultant, or therapist, a person who is employed by the District for law enforcement purposes.

e) Legitimate Educational Interest – An interest is deemed legitimate if the School Official is performing a task that is specified in his or her position description or by contractual agreement in connection with the operation, maintenance, management, or programs and functions of the School District; performing a task related to the student’s education; performing a task related to the discipline of a student; providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid; maintaining the safety and security of the campus.

Education Records

Any record (in handwriting, print, tapes, film, or other medium) maintained by the District, or an agent of the District, which contains information directly related to a student except:

a) A personal record kept by a staff member it is kept in the sole possession of the maker of the record and it is not accessible or revealed to any other person except a temporary substitute for the make of the record.

b) Records created and maintained by the District Law Enforcement Unit for law enforcement purposes.

c) An employment record, which relates exclusively to an individual in his or her capacity as an employee of the District and which is not available for other use.

d) Alumni records, which contain information about a student after he or she is no longer in school.

Maintenance of Records

The District shall maintain a cumulative record folder for each student attending its schools. The cumulative record folder shall contain all the education records identified in the definition above and not include any record that qualifies as an exception to the definition.

The following types of files shall be considered education records and shall be included in the cumulative file:

a) Identification information, including name, sex, race, birthplace, and birth date;

b) Family data;

c) Medical health records and emergency medical information;

d) Attendance records;

e) Academic or scholastic records;

f) Standardized test scores;

g) Records of educational or vocational plans;

h) Records of interests, activities and honors;

i) Teacher evaluations, if shared with anyone else;

j) Counselor evaluations, if shared with anyone else;

k) Information pertaining to special services provided for students;

l) Records of incidents of unsatisfactory behavior or impositions of discipline.

Records that may be purged shall be removed from the record and properly disposed of unless a request for a review by a parent or student is pending. At a minimum, the student’s record shall be reviewed for records to be purged when the student has completed elementary school, junior high school, and high school. Records, which may be purged, include those previously designated as such.

The following is a list of the types of records that the district maintains, their locations, and their custodians.

Types

Location

Custodian

Cumulative School Records (Current Students)

Elementary/High School Office

Secretary

Cumulative School Records (Former Students)

Elementary/High School Office

Secretary

Health Records

Nurse’s Files/Nurse’s Office

Student Cumulative Files

School Nurse

Nurse

Special Education Records

Special Education Office

Director of Special Education

School Transportation Records

Central Office

Secretary

Standardized Test Records

Cumulative File

Secretary

In compliance with 34 C.F.R. Section 99.7 of the regulations adopted pursuant to the Federal Educational Rights and Privacy Act, parents shall be notified of their rights under such statute by:

a) Annual publication in student handbook or;

b) Letter sent via U.S. Mail at the beginning of the academic year.

The notice shall be in a form substantial similar to that attached as Appendix A to this policy.

Procedures to Inspect Education Records

a) Parents of students or eligible students may inspect and review the student’s education records upon request.

b) Parents or eligible students should submit to the students’ school principal a written request which identifies as precisely as possible the record or records he or she wishes to inspect.

c) The principal (or appropriate school authority) will make needed arrangements for access as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected. Access must be given in 45 days or less from the date of receipt of the request.

d) Parents or eligible students who wish to inspect records, and who live within 50 miles of the place where the records are kept must do so at a place designated by the District. After inspection, the parent or eligible student may request copies of the records inspected. Parents or eligible students who live farther than 50 miles from the place where the records are kept may request copies of the records without first inspecting them at the District’s designated place. In such a case, the District will copy the records at the requestor’s expense and mail the records by registered mail, return receipt requested.

e) A school official competent in interpreting student records shall be present to explain the implications of the records that are examined.

f) When a record contains information about students other than a parent’s child or the eligible student, the parent or eligible student may not inspect and review that portion of the record, which pertains to other students. At the discretion of School Officials, the name of the students may be excised or deleted from the record in order to permit inspection.

Refusal to Provide Copies

The District reserves the right to deny a parent or eligible student a copy of the student’s education records in the following circumstances, unless failure to provide a copy would effectively prevent the parent or eligible student the right to inspect and review education records:

a) The parent or student has an unpaid financial obligation to the District.

b) The education record requested is an exam or set of standardized test questions, covered by the publishers’ restriction or copyright.

Disclosure of Educational Records

The District will disclose information from a student’s education records only with the written consent of the parent or eligible student, except that the District may disclose or permit inspection or disclosure, without consent when disclosure is for the reasons enumerated below:

a) To school officials who have a legitimate educational interest in the records, including for purposes of related to financial aid.

b) To officials of another school, upon request, in which a student seeks or intends to enroll. In such case, the parent or eligible student shall receive notice of the request.

c) To certain officials of the U.S. Department of Education, the Comptroller General, the State and local educational authorities, in connection with an audit or evaluation of certain State or federally supported education programs.

d) In connection with a student’s request for or receipt of financial aid to determine the eligibility, amount, or conditions of the financial aid, or to enforce the conditions of the aid.

e) To State and local officials or authorities if specifically required by State law adopted before November 19, 1974.

f) To organizations conducting education-related studies for or on behalf of the District.

g) To accrediting organizations to carry out their functions.

h) To parents of an eligible student if the student is a dependent for tax purposes.

i) To comply with a judicial order or a lawfully issued subpoena. In such case, School Official shall make reasonable efforts to notify the parent or eligible student to permit them to challenge disclosure if desired.

j) To appropriate parties in a health or safety emergency, or in connection with any investigation of child abuse or neglect if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

k) State and local authorities, within a juvenile justice system, pursuant to specific State Law.

l) The disclosure is to an alleged victim of any crime of violence, as that term is defined in Section 16 title 18, United States Code, of the results of any disciplinary proceeding conducted by an institution of postsecondary education against the alleged perpetrator of that crime with respect to that crime.

m) To individuals requesting directory information as designated by the District.

Re-Disclosure

An educational agency or institution may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student.

Record of Request for Disclosure

The District will maintain a record of all requests for an/or disclosures of information from a student’s education records. The record shall be kept in each student’s cumulative file and shall indicated the name of the party making the request, any additional information to whom the information may be re-disclosed, and the legitimate interest the party had in requesting or obtaining the information. The parent or eligible student may review the record.

Directory Information

The District designates the following items as Directory Information: student name, address, telephone number, electronic mail address, date and place of birth, major fields of study, grade level, enrollment status, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, most recent previous school attended and student’s photograph. The district may disclose any of those items without prior written consent. Unless notified in writing to the contrary within 14 days from the first day of the academic year.

Dates of attendance shall be construed to mean periods of time such as certain academic year, semester, or quarter. The term does not include specific daily records or attendance.

Correction of Education Records

Parents or eligible students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. The following procedures apply to request for corrections records:

a) Parents or eligible student must ask the District to amend a record. In so doing, they should identify the part of the record they want changed and specify whey they believe it is inaccurate, misleading or in violation of the student’s privacy rights.

b) The District may comply with the request or it may decide not to comply. If it decides not to comply, the District will notify the parents or eligible student of the decision and advise them of their right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s privacy rights.

c) Upon request, the District will arrange for a hearing, and notify the parent’s or eligible student, reasonably in advance, of the date, place, and time of the hearing.

d) A hearing officer who is a disinterested party will conduct the hearing; however, the hearing officer may be an official of the District. The parents or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issue raised in the original request to amend the student’s education records. One or more individuals, including an attorney, may assist the parents or student.

e) The District decides that the information is inaccurate, misleading, or in violation of the student’s right of privacy, it will amend the record and notify the parents or eligible student, in writing, that the record has been amended.

f) If the District decides that the challenged information is not accurate, misleading, or in violation of the student’s right of privacy, it will notify the parents or eligible student that they have right to place in the record a statement commenting on the challenged information and/or statement setting forth reasons for disagreeing with the decision.

g) The statement will be maintained as part of the student’s education records as long as the contested portion is maintained. If the District discloses the contested portion of the record, it must also disclose the statement.

Waiver of Rights

Parents of a student or an eligible student may waive any of their rights under this policy. A waiver of rights must be in writing, must be by the parent or the student, and must specify those rights intended to be waived. A waiver is effective until revoked in writing. If a parent executes a waiver, the student may revoke it upon turning 18 years of age.

Complaints

A parent or eligible student may file a written complaint with the Family Policy Compliance Office regarding an alleged violation of the Federal Education Rights and Privacy Act. The Office’s address is: Family Policy and Compliance Office, U. S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605.

The District will provide notice to parents and students advising them of their respective rights under the Protection of Pupil Rights Act (PPRA). Said notice shall be published annually, at the beginning of the school year, for returning students; and said notice shall be provided with registration materials for students enrolling in the District for the first time or re-enrolling in the District following a gap in attendance in the District.

The annual and/ or new student enrollment PPRA notice shall provide notice of the following rights:

a) Parents’ right to inspect surveys created by third parties before such surveys are administered or distributed to students;

b) Parents’ right to inspect, and students have the right to refuse to participate in, any surveys designed to collect private information about the students’ or their families;

i. Political affiliations;

ii. Mental and psychological problems potentially embarrassing to the student or his family;

iii. Sexual behaviors and attitudes;

iv. Illegal, anti-social, self-incriminating and demeaning behavior;

v. Critical appraisals of other individuals with whom respondents have close family relationships;

vi. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers; or

vii. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program.

c) 3. Parents’ right to opt the student out of participation of any instructional material used as part of the educational curriculum;

d) Parents’ right to inspect, upon request, any instructional material used in the education curriculum for the student;

e) Parents’ right to inspect, upon request, any instrument used in the collection of personal student information to be used for marketing purpose;

f) Nothing herein shall be construed to be contrary to the requirements of the Family Education Privacy Act.

Each school year a schedule of activities requiring parental notice and consent or opt-out for the upcoming school year will be distributed.

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