Second Generation

Open Enrollment Charter

Renewal Application

Fast~Track!Abbreviated Renewal

Schools Eligible for Fast-Track Renewal

Alief Montessori

Burnham Wood

Encino

Kipp, Inc.

Mainland Preparatorv Academv

NYOS

Rapoport

Treetops School International

Varnett

April 18, 2002

Texas Education Agency William B. Travis Building

1701 North Congress Avenue Austin, Texas 78701-1494

Dated Material---Open Immediately

Return on or before--5:00 p.m., Central Time

Friday, June 14, 2002

Charter Schools Division

Room 5-107

Application Instructions

The Renewal Application is due to TEAiCharter Schools Division by 5:00 pm, June 14,2002. Applications will be date stamped as they are received and the date received will be documented. Timely submission of a complete renewal application may be used as part of the basis for renewal determination.

The application form has been designed to be downloaded and responses can be entered directly onto the electronic application fonn on your computer. The spaces provided for answering questions are expandable. Use as much space as needed for responses.

Attachments should be labeled as indicated in the application and submitted in prescribed order. The forms for Attachment 3, Board Member Biographical Affidavit and Attachment 5, Electronic Application Certification are included with the application.

Seven complete paper copies of the entire document must be submitted in prescribed order with only original signatures in blue ink. One copy (less attachments) must also be submitted on a 3.5 inch floppy diskette. (The agency uses a PC compatible text file.)

Format ofApplication

N umber of paper copies: 7 Font: 12 pt.; Times New Roman Paper: 8.5"xll.O", white, one side only Binding: NONE! DO NOT BIND

May be rubber-banded or clipped

List ofAttachments

Attachment I, Organizational Chart Attachment 2, Criminal History Records for Board Members Attachment 3, Board Member Biographical Affidavits Attachment 4, Special Needs/Programs Information Request Attachment 5, Electronic Application Certification Attachment 6, Written Resolution Adopted by Governing Body of Charter Holder

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Definitions

Please review TEC §12.1012 and 19 TAC, Chapter 100 §I 00.1011 for definitions of terms. Listed below are some selected terms and definitions:

I. Charter holder - the entity to which a charter is granted under TEC, Chapter 12

2. Charter school- a Texas public school operated by a charter holder under an open-enrollment charter granted by the State Board of Education pursuant to TEC, §12.101

3. Governing body ofa charter holder - the board of directors, board of trustees, or other governing body of a charter holder

4. Governing body ofan open-enrollment charter school- the board of directors, or other governing body ofan openenrollment charter school. The term includes the governing body ofa charter holder if that body acts as the governing body of the open-enrollment charter school

5. Management company - a person, other than a charter holder, who provides management services for an openenrollment charter school

6. Officer ofan open-enrollment charter school- the principal, director, or other chief operating officer of an openenrollment charter school; an assistant principal or assistant director of an open-enrollment charter school; or a person charged with managing the finances of an open-enrollment charter school

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General Scope of Agency Review

As authorized in Texas Education Code § 12.115, the commissioner may modify, place on probation, revoke or deny renewal of the charter of an open,enrollment charter school if the commissioner determines that the charter holder:

I) committed a material violation of the charter; induding failure to satisfy accountability provisions prescribed by the charter;

2) failed to satisfy generally accepted accounting standards of fiscal management; 3) failed to protect the health, safety, or welfare of the students enrolled at the school; or 4) failed to comply with this subchapter or another applicable law or rule.

The Commissioner'S Rules Concerning Open-Enrollment Charter Schools, 19 TAC, Chapter 100, provides more specific . information about commissioner action and intervention and other issues concerning open,enrollment charter schools.

Internal reviews for all renewal applications will be conducted by TEA staff in areas such as student performance, business operations and fiscal management, and compliance. Components for determining adequate student performance generally include accountability ratings, AEIS indicators, and other relevant student performance information, as reported by the charter school on this application and as supported by required evidence and documentation.

Components for evaluating business andfiscal management generally consist ofa review by the Financial Audits Division of annual financial audits and other relevant documents.

Agency compliance requirements that may be generally considered include, but are not limited to, timely and accurate submission ofgrant expenditures and evaluations, PEIMS reports, accountability/accreditation information (including data requested prior to on,site visits, and follow-up information such as corrective action plans for bilingual and special education programs and PAS/DAS risk levels), assessment requests (including requests for and submission of testing materials), other special education information, governance data, student transfer data required by Civil Action 5281, and the renewal application.

Complaints made against the charter school through the Agency complaints process may also be considered, as well as any issues concerning the health, safety, and welfare of students.

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Open-Enrollment Charter School Renewal Application Generation Two - Fast-Track/Abbreviated

Part 1. Charter Update

Charter Holder Name: NYOS Charter School, Inc.

(i.e., nonprofit organization, institution of higher learning. or governmeutal entity)

Charter School Name: NYOS Charter School, Inc.

Charter School CountylDistrict #: 227-804

Campus Name(s) CountylDistrictlCampus #

NYOS Charter School, Inc. 227-804-101

NYOS at Gessner 227-804- 102 .

Section I. Maximum Enrollment, Grades Served, and Geographic Boundaries In the spaces below, please list the maximum enrollment, the grades the charter school serves (indicating ifthere is an approved GED program), and the geographic boundaries.

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A. Maximum Enrollment: 600

B. Grades Served: Pre-K - II'" we will add 12'h grade in the 2003-04 school year.

Approved GED Program: YES 0 NOr3J

C. Geographic Boundaries (School Districts): NYOS is approved to serve students whose parents live or work within a 30 mile radius of the school. Home districts currently include: Austin, Round Rock, Pflugerville, Leander, Elgin, Taylor, and Manor IS O's_

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Section II. Governance Structure and Procedures Review TEe, Sec. 12.121 and 19 TAC Chapter 100, Division 5 (Charter School Governance), which lists, among other th ings, powers and duties that must be exercised by the governing body of the charter holder and nepotism and contlict of interest prohibitions and exceptions.

Where indicated, list all relatives of the members of the Governing Body of the Charter Holder, of the Governing Body of the Charter School, and of the Officers of the Charter School within the third degree ofconsanguinity or affinity. These include your spouse and the following relations to you and to your spouse: parents, children, grandchildren, siblings, grandparents, great-grandparents, nieces, nephews, aunts, uncles, and great-grandchildren.

A. Governing Body of Charter Holder 1. In the spaces below please list the names of the members of the governing body of the charter holder, the offices held, any board members relative within the third degree of consanguinity or affinity (see definition above), and any compensation or remuneration from the charter holder or charter school received by the board members.

Board Member Name

Lucinda Walter

Julian Morell, P.E.

Mark Hausmann

Frank Dunn

Lisa M. Bonilla

Alissa Fehr

Greg Z. Smith Yocham

Linda L. Whatley

Charles Moody MikeMcN

Held

Chair, Parent Rep.

Parent Rep.

Parent Rep.

Parent Rep.

Teacher

Teacher Rep.

Relative(s) Within the Third Degree of Consanguinity or Affinity Who are on the Board

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Not Applicable

Board Member Compensation or

None

None

None

None

$33,135 Teacher Salary

$33,135 Teacher Salary

one

None

2. Will any relative of the board member within the third degree of consanguinity or affinity (see definition above) be employed by or receive any compensation or remuneration from the charter holder or the charter school? If yes, provide details in the space provided below. YES IZI NO 0

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NYOS employs Ms. Deborah Harkins as the Art Teacher. Ms. Harkins was adopted by Mr. Ron Whatley in 1970 during a nineteen year marriage to her biological mother. Kathy Feazell. Mr. Ron Whatley is the husband of NY OS' Principal, Linda Whatley, thus making her the step-mother of Deborah Harkins.

Personnel issues regarding Ms. Harkins, including annual evaluations, have been delegated to the Secondary Principal.

3. Will any board member's spouse or any of the spouse's relatives within the third degree ofconsanguinity or affinity (see definition on page 3) be employed by or receive any compensation or remuneration from the charter holder or charter school? If yes, provide details in the space provided below. YES I8l NO 0 Same as response to A. 2.

NYOS employs Ms. Deborah Harkins as the Art Teacher. Ms. Harkins was adopted by Mr. Ron Whatley in 1970 during a nineteen year marriage to her biological mother, Kathy Feazell. Mr. Ron Whatley is the husband ofNY OS' Principal, Linda Whatley, thus making her the step-mother of Deborah Harkins.

Personnel issues regarding Ms. Harkins, including annual evaluations, have been delegated to the Secondary Principal.

4. Will any person who is a relative within the third degree of consanguinity or aftinity (see definition on page 3) of a charter school officer (Le., a person charged with the duties of, or acting as, a chief executive officer, a central administrator, a campus administration officer, or a business manager) be employed by or receive any compensation or remuneration from the charter holder or charter school? Ifyes, provide details in the space provided below. YES [3J NoD

The original NYOS campus (Gessner) is rented from Fred and Teresa A. Elliott. Teresa A. Elliott is the Chief Operating Officer and Business Administrator for NYOS. The facility is leased for the exact amount of the principal, interest, insurance, and taxes, which comes to $0.11 per square foot or 56% of market value. The lease stipulates no rent increases, no deposits, or late fees. Additionally. the school is guaranteed full use of the facility for ten years, with no penalty for breaking the lease at any time without notice. This lease arrangement was fully disclosed in the original charter and during the on-site visit. Teresa A. Elliott bas never been a board member of NYOS. Her position as Business Administrator can be terminated/non-renewed at any time by the Principal. As Business Administrator, Elliott has been paid the following aDnual salaries, $30,000, $9,900, $30,000, and $40,0000 respectively.

B. Governing Body of Charter School I. If the governance structure includes more than one board (i.e., a governing body that is separate from the governing body of the charter holder), in the spaces below please list the names of the members of the governing body of the charter school, the offices held, any relative of a board member within the third degree ofconsanguinity or affinity (see definition on page 3), and any compensation or remuneration from the charter holder or charter school received by the board members.

Board Member Name Office Held Relative(s) Within the Third Degree of Consanguinity or Affinity Who are Also Servin!! on the Board

Board Member Compensation or Remuneration Per Year

Lucinda Walter Chair, Parent Rep. Not Applicable None

Julian Morell, P.E. Parent Rep. Not Applicable None

Mark Hausmann Parent Rep. Not Applicable None

Frank Dunn Parent Rep. Not Applicable None

Lisa M. Bonilla Teacher Rep. Not Applicable $33,135 Teacher Salary

Alissa Fehr Teacher Rep. Not Applicable $33,135 Teacher Salary

Greg Z. Smith Tv Yocham

Teacher Rep. Teacher Reo.

Not Applicable Not Aoolicable

$41,394 Teacher Salary $18,381 Teacher Salary

Linda L. Whatley Principal Not Applicable $55,900 Principal Salary

Charles Moody Mike McNamara

Community Rep. Community Rep.

Not Applicable Not Applicable

None None

2. Will any relative of a board member within the third degree of consanguinity or affinity (see definition on page 3) be employed by or receive any compensation or remuneration from the charter holder or the charter school? If yes, provide details in space provided below. YES I:8J NO 0 Same as response to A. 2.

NYOS employs Ms. Deborah Harkins as the Art Teacher. Ms. Harkins was adopted by Mr. Ron Whatley in 1970 during a nineteen year marriage to her biological mother, Kathy Feazell. Mr. Ron Whatley is the husband ofNY OS' Principal, Linda Whatley, thus making her the step-mother of Deborah Harkins.

Personnel issues regarding Ms. Harkins, including annual evaluations, have been delegated to the Secondary Principal.

3. Will any board member's spouse or any of the spouse's relatives within the third degree of consanguinity or affinity (see definition on page 3) be employed by or receive any compensation or remuneration from the charter holder or charter school? If yes, provide details in the space provided below. YES C8'J NO 0 Same as response to A. 2.

NYOS employs Ms. Deborah Harkins as the Art Teacher. Ms. Harkins was adopted by Mr. Ron Whatley in 1970 during a nineteen year marriage to her biological mother, Kathy Feazell. Mr. Ron Whatley is the husband of NY OS' Principal, Linda Whatley, thus making her the step-mother of Deborah Harkins.

Personnel issues regarding Ms. Harkins, including annual evaluations, have been delegated to the Secondary Principal.

C. Roles and Resl!onsibilities of Governin!! Bodies Describe the roles and responsibilities of both the charter holder and charter school governing bodies. If this represents a change from the governance structure currently on file with the Agency, please indicate that it is a change and describe the difference from the previous structure.

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Make personnel decisions regarding the school's Principal, including hiring and removal;

develop goals and objectives for the school;

establish school policies;

review and approve the budget;

negotiate with and be accountable to the Texas Education.Agency; and

provide a listening, attentive ear to the school community.

The Bylaws have been amended at NYOS in two areas that directly affect governance. Originally, the Chair of the Governing Council was the Principal by virtue of employment. In October of 200 I, the Bylaws were amended to allow the Govering Council to select its chair from its elected members. The purpose of this amendment was to expand due process. A parent or staff member with a complaint about the school expressed their concerns to the Principal. If still unsatisfied, the parent could elevate the complaint to the Governing Council, but only to find that the Principal was Chair.

The second bylaw change was made at the time we were permitted to continue operating our original campus after our permanent campus was constructed. The number of Governing Council Representatives was increased to allow for a Parent and Teacher

D. Organizational Cbart, Criminal History Records, Biograpbical Affidavit • Submit an organizational chart. Include this document as Attachment 1, Organizational Cbart. • Submit a criminal history record for each board member. Include these documents as Attachment 2, Criminal

History Records for Board Members. • Submit a biographical affidavit for each board member. Include these documents as Attachment 3, Board

Member Biographical Affidavit.

Section III. Teacher Qualifications In the space provided, describe the qualifications required for all classroom teachers and other instructional staff. Ifthis represents a change from the charter application on file with the Agency or approved amendments, please indicate that it is a change and describe the difference from the previous requirement.

not regarding teacher quality writing our charter; it is to academic success of our schoo. In order to meet the diverse needs of students, we believe that our core teachers must have the following credentials: a minimum of a bachelors degree, be a certified teacher, obtain a special education certification, and complete their gifted and talented endorsement. Any teacher who does not have these qualities upon hiring is required to complete the training within two years of employment in order to remain a core classroom teacher at NYOS. Once hired, all teachers are required to attend intense training in the curricular models used at NYOS, specifically the Literacy Learning in the Classroom, Cognitively Guided Instruction for pre-K / S'h grade mathematics, and Interactive Mathematics Program for 6_12'h grades. Training required of all staff include: Susan Kovalik's Integrated Thematic Instruction, and Redirecting Children's Behavior. Additional training may be identified in the future. NYOS currently operates on a 4 112 day instructional schedule. The remaining 112 day on Fridays is for staff development (a particular area of one of the curricular or instructional models is covered intensively by a teacher leader or a consultant). Teachers are required tojoin associations that expand their professional base of knowledge, i.e. the National Council of Teachers of Mathematics and to participate in ten (10) days of training each year in addition to the 112

Section IV. Code of Conduct In the space provided, describe the methods used to inform parents and students about school rules and guidelines governing student behavior. Include policies regarding student expUlsion and suspension and procedures that satisfY due process requirements.

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rules and Parents students are infonned of and Student Handbook published each school year:

The Behavior Standards section of the handbook describes the NYOS expectations regarding underlying principles, dress code, student code of conduct, and student rights and responsibilities.

The Discipline and Safe Learning Environment section addresses the discipline management plan, dismissals, and in-school suspension.

Due process is afforded to students and their parents through administration, the discipline committee, and finally the NYOS Governing Council. The Governing Council reviews all dismissals. The school will include suspension and expUlsion data in its annual perfonnance report to the State Board of Education.

Section V. Complaints In the space provided, describe the methods used to infonn parents, students, and employees about the procedures for receiving and responding to complaints. (Note: Under 19 T AC § 100.110 I (e), the governing body of a charter holder shall not delegate final authority to hear or decide employee grievances, citizen complaints, or parental concerns.)

In the Student and Parent Handbook and in the Handbook, parents, students, and employees are procedures of the school for receiving and responding to complaints. For convenience, these procedures are also available on the schools website and verbally reinforced if necessary. The Governing Council reserves the final authority to hear and decide employee grievances, citizen's complaints, or parental concerns.

Section VI. Admissions Policy In the space provided, describe the timeline used for admitting students, including the application deadline and the process for the admission of students by lottery. (Although state law penn its students to be accepted on a first come, first served basis or through a lottery, 3 charter school that is oversubscribed must use 3 lottery to be eligible to receive federal funds.)

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ANNUAL ENROLLMENT

NYOS students receive a Notice to Return questionnaire on March I st. This questionnaire asks students to state their intention to return to NYOS for the following school year, and also asks families to identifY siblings of NY OS students who wish to attend NYOS for the following school year. The Notice to Return questionnaires are to be returned by April I st.

Returning NYOS students are automatically enrolled for the following school year upon receipt of the Notice to Return form. The number of vacancies in each class is identified after April I", and siblings of returning students identified on the Notice to Return form are given first priority in filling these vacancies.

The filling of remaining class openings is through lottery draw. Applications for the following school year are accepted throughout the school year until AprillO'h. On April 15'h, a lottery draw will be conducted for each grade among all such applications from students within the school's geographical boundaries. The students drawn for the class openings will be offered admission; the remaining students will be placed on a waiting list in the order they were drawn. For instance, ifNYOS had 3 openings for the 5th grade and 10 applicants for that grade, it would conduct a lottery draw of all ten applicants; Draws 1-3 would be offered admission to NYOS for the following school year, and Draws 4-10 would be placed in order on a waiting list, and would be offered admission in order if any of Draws 1-3 decided not to enroll, or if any opening in the 5th

grade developed at any time during the following school year. Behind Draw lOon the waiting list would be placed students who submitted applications after AprillO'h, in the order ofreceipt of the applications.

Applications from students not within the school's defined geographical boundaries will also be accepted, but those applicants will be admitted only if there are vacancies remaining after the lottery and waiting-list process described in the preceding paragraph. In that event, a similar but separate lottery process would be used for the applicants from outside the geographical boundaries.

Admission will not be based on gender, national origin, ethnicity, religion, disability, academic, artistic, or athletic ability, or the district the child would otherwise attend.

Any student may be excluded who has a documented history of criminal offense or juvenile court adjudication. In addition, a student may be excluded who (a) has been removed from class and placed into an alternative education program as described in Texas Education Code section 37.002; (b) has a documented history of conduct that under section 37.006 warrants removal from class and placement in an alternative education program; or (c) has a documented history of conduct requiring or permitting expulsion under section 37.007.

Section VII. Student Performance Goals In the spaces provided below, identity the school's academic goals for student learning for the next five years in terms of AEIS base and additional indicators and other relevant performance information.

Some accountability standards and criteria for 2004 and 2005 are available in the 2002 Accountability Manual, which is available at www.tea.state.tx.us.lperfreportlaccountl2002!manual. TAKS passing standards for Exemplary and Recognized are the same as in 2002. Rating criteria and standards have not yet been determined beyond 2002 for completion rate, dropout rate, the State-Developed Alternative Assessment (SDAA), and the Academically Acceptable! Acceptable rating.

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www.tea.state.tx.us.lperfreportlaccountl2002!manual

A. AEIS Base Indicators Describe student performance goals in teJ1T1S of AEIS base indicators (i.e., TAAS scores and dropout rates). Be specific about indicators such as percentage of students passing exams and annual dropout rates. Note: Campuses rated under the Alternative Education Accountability system may also have student attendance and Texas Learning Index (TLI) growth as base indicators.

AEIS Base Indicators

The percent ofNYOS students passing the TAKS test will be at least 70% by 2006, and, by 2008, the greater of 75% or the percentage passing as designated by the Texas Education Agency qualifYing a school for "Recognized Status".

NYOS will have a dropout rate ofless than 5%.

B. AEIS Additional Indicators Describe student performance goals in teJ1T1S of AEIS additional indicators (i.e., attendance rates, 4-year completion rate, college admissions testing, and participation in the recommended high school program). Be specific about indicators such as average Texas Learning Index (TU) growth, year-to-year progress, and accountability ratings. Note:Campuses rated under the Alternative Education Accountability system may also have campus-selected additional indicators.

Additional accountability measures:

95% attendance (students)

94% attendance (teachers)

95% 4-year graduation rate

100% of students will graduate under Recommended Graduation Plan; however, all students will be encouraged to participate in the Distinguished Graduation Plan

100% of the eligible non-special education students will take the PSATfNational Merit Scholarship QualifYing Test (NMSQT), and SAT I or ACT exams; Participation in tests by special education students will be determined by the Admission, Review, and Dismissal (ARD) committee

The Texas Learning Index (TLI) growth on Texas Assessment of Knowledge and Skills (TAKS) will be monitored to ensure that all students are equipped to pass the exit test the first time

Clay's Observation Survey and running records will be used with emergent and early readers to determine baseline ability

Qualitative Reading Inventories (QRI) andlor the Developmental Reading Assessment (DRA) will be used to determine baseline reading ability for all students as appropriate

A pre-/post- model will be used to monitor student growth year to year, with informal reading running records taken on an on-going basis to direct instructional decision-making. Students who do not demonstrate progress resultin!!

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lila one year's growth will receive services. These will be documented the

C. Other Relevant Performance Goals

Describe other relevant student performance goals that may be unique to your school.

Other Relevant Performance Goals

Parents, students, and teachers will be surveyed to determine satisfaction with their school experience. Should more than ten percent (10%) of the participants surveyed indicate dissatisfaction in any area, the Council will review and address the concerns.

Students will master curriculum goals as measured by Bloom's Taxonomy at the application level.

NYOS will utilize Susan Kovalik's Integrated Thematic Instruction in all core disciplines across all grade levels.

Section VIII. Monitoring Follow-Up Discuss improvements made and other actions taken to address any and all findings, recommendations, or sanctions by TEA including those resulting from monitoring on-site visits or hearings. Provide specific information about compliance status with all special program indicators, including corrective action plans for bilingual and special education programs, and about PAS/DAS risk levels.

In December auditors the of Quality, Compliance, and Accountability Reviews and the Division of School Financial Audits

Upon completion of the review, the Department of Quality, Compliance, and Accountability Reviews, noted that NYOS had one material violation of the charter. The On-Site Review also required NYOS to one Corrective Action Plan for indicator S35 in the Special Education Program. This has been completed and the school is in compliance with Program Intent 23 spending.

Other Recommendations included:

Fill vacancies on the Governing Council by adding Community/Business members;

The school is to keep only one official calendar;

Separation of duties in the business office to strengthen internal controls;

Make suggested revisions to attendance documents;

Instruct staff on proper ways to make attendance documents;

Utilize software that for of

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Verify all home language surveys to verify that parents properly completed them.

On April 26, 2002 a letter from Ana Deter, Corrective Actions Unit, Accountability Development and Support Division, of the Texas Education Agency, stated that based on documentation, NYOS had removed all discrepancies cited in the Charter School Initial On-Site Review Report dated February 16,2001.

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Part 2. Special Needs Students/Programs

NOTE: The approval of this charter school renewal application andlor removal of any contingencies is based on the information provided by tlie charter school as it reflects the charter school's knowledge of special education. Approval of the charter school renewal application andlor removal of any contingencies should not be construed to reflect a determination of special education compliance or to cover any other issues outside the scope of this renewal application process or actions that may have occurred since this renewal application process.

Section IX. IDEA Key Components Describe IN DETAIL (in the order requested and in the space provided helow) how the charter school accommodates students with disabilities in the SPECIAL EDUCATION program according to the Individuals with Disabilities Education Act (IDEA), the Texas Education Code, the State Board of Education rules, and the Commissioner's rules (SEE, Key Components).

Please DO NOT SEND a copy of the charter school's special education policies and procedures. This will only delay the review by a second request to submit the information as requested.

The Texas Side-by-Side is available online to assist the application process: http://www.tea.state.tl

FULL EDUCATIONAL OPPORTUNITY GOAL; TIMETABLE (34 CFR §300.304)

The NYOS Charter School currently provides equal educational opportunities to all students, including students with disabilities, within its jurisdiction or geographical boundaries pursuant to the provisions of the TEC and federal law. The current general education curriculum, Texas Essential Knowledge and Skills (TEKS), is the foundation to begin planning to meet the special identified needs of the individual student with disabilities. A continuum of alternative placements could be discussed to meet the LRE requirements. (34 CFR §300.12)

B. Confidentiality (34 eFR 300.127; 34 CFR 300.560-300.577; 34 eFR Part 99; TEC 26.004)

CONFIDENTIALITY

A. Definitions (§300.560)

Destruction of education records means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.

Education Records means, except as may be provided otherwise below, those records, files, documents, and other materials that contain information directly related to a student and are maintained by an educational agency or institution or by a person acting for such agency or institution.

Participating Agency means any agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained.

Personally Identifiable Information means that information includes: the name of the student, the student's parent, or other family member; the address of the student; a personal identifier, such as the student's social security number or student number; or a list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.

School Officials shall mean any employees, trustees, or agents of NYOS Charter School as well as attorneys, consultants, and independent contractors who are retained by NYOS Charter School.

B. Notice to Parents (34 CFR §300.S61)

Notice that is adequate to fully inform parents about the requirements of §300.127 which is the confidentiality of personally identifiable information of students with disabilities.

This is an annual written notice provided in the primary or home language informing all parents of students in attendance of their rights. This is not limited to students receiving special education services. The information may be provided:

1. in district's enrollment packets.given at registration,

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2. in local newspaper advertising, 3. posted in buildings, 4. district mail-outs.

Documentation will be kept by the designated district staff.

RECORDS

A. Access Rights (34 CFR §300.501 and §300.562)

The NYOS Charter School shall permit parents to inspect and review all education records relating to their child.

A parent is entitled to access of all written records of a school district concerning the parent's child, including:

a. attendance records; b. test scores; c. grades; d. disciplinary records; e. counseling records; f. psychological records; g. applications for admissions; h. health and immunization information; i. teacher and counselor evaluations; and j. reports of behavioral patterns.

1. The following guidelines shall apply when parents request to review or inspect records relating to the education of their student with disabilities:

a. The NYOS Charter School shall comply with a request of parents to review records without unnecessary delay and before any meeting regarding an IEP or

hearing relating to the identification, evaluation, or educational placement of the child, or the provision of FAPE to the child.

b. NYOS Charter School shall comply with the request in no case more than 45 days after the request has been made.

2. The right to inspect and review education records includes:

a. the right to a response from NYOS Charter School to reasonable requests for explanations and interpretations of the records;

b. the right to request that NYOS Charter School provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and

c. the right to have a representative inspect and review the records.

3. NYOS Charter School may presume that the parent has authority to inspect and review the student's records, unless NYOS Charter School has been advised that the parent does not have the authority under applicable State law governing such matters as uardianshi ,se aration, and divorce.

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B. Record of Access (§300.563)

1. NYOS Charter School shall maintain a record, kept with the eligibility file of each student, that indicates all individuals, agencies or organizations that have requested or obtained access to a student's educational records collected, maintained or used under IDEA-Part B (except access by parents and authorized employees of the NYOS Charter School). The records shall include:

a. at least the name of the person or agency that made the request, b. the date access was given, and c. the purpose for which the person or agency is authorized to use the

records. • If parts of the student eligibility folder are maintained in classrooms, access records are required if the folder contains information such as an ARDIIEP report, modification sheet(s), or any assessment reports. (DEC Reference Guide)

2. The record of access will be maintained as long as NYOS Charter School maintains the student's education record. The record of access shall be available only to parents, school officials responsible for custody of the records, and those state and federal officials authorized to audit the operation of the system.

3. Access Procedures: The cumulative record and special education legal folder shall be made available to the parent. Records may be reviewed during regular school hours upon request to the appropriate record custodian. The record custodian or designee shall be present to explain the record and to answer questions. The confidential nature of the student's records shall be maintained at all times, and the records shall be restricted to use only in the offices of the Principal, a counselor, or Special Education as designated by the appropriate record custodian. The original copy of the record or any document contained in the cumulative record shall not be removed from the school or the Special Education office.

4. Custodian of Records: The principal is custodian of all records for currently enrolled students at NYOS charter school. The prinCipal is also the custodian of records for students who have withdrawn or graduated and all special education records.

C. Records On More Than One Child (§300.564)

If material in the education record of a student includes information on more than one student, the parent or guardian shall have the right to inspect and review only the information relating to their child or to be informed of that specific information.

D. Types and locations of Information (§300.565)

1. The NYOS Charter School shall pro'\l\de parents on request a I\st of the types and locations of education records collected, maintained, or used by NYOS Charter School.

2. The designated record custodian of NYOS Charter School shall be responsible for

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all the education records of NYOS Charter School students. These records may include: a. admissions data, personal and family data, including certification of date of birth; b. all test data, including intelligence, aptitude, interest, personality, and social

adjustment ratings; c. all achievement records, as determined by tests, recorded grades, and teacher

evaluation; d. health service record including:

(1. findings of any screening or health appraisal programs NYOS Charter School conducts or provides for, which may include vision, hearing and scoliosis;

(2. immunization records; and (3. dates for any periods of exclusion from school because of

communicable disease and the name of the illness. e. attendance records; f. student questionnaires; g. records of teacher, counselor, or administrative conferences with the

student or pertaining to the student; h. verified reports of serious or recurrent behavior patterns; i. copies of correspondence with parents and others concerned with the

student; j. records transferred from other districts in which the student has been

enrolled; k. records pertaining to participation in co-curricular activities; I. information relating to student participation in special programs; m. records of fees assessed and paid; and n. other records that may contribute to understanding of the student.

E. Fees (§300.566)

No fee may be charged to search for or to retrieve the education record of a student. A fee of $0.10 (10¢) per page may be charged for copies of education records that are made for the parents or students under this procedure, provided that the fee does not effectively prevent them from exercising their right to inspect and review those records. A waiver of fee should be requested in writing. No fee will be charged to search for or to retrieve information.

F. Amendment of Records at Parent's Request (§300.567)

The parent who believes the information in the student's education records collected, maintained, or used is inaccurate or misleading or violates the privacy or other rights of the student may request the NYOS Charter School to amend the information.

Within fifteen (15) school days of the record custodian's receipt of a request to amend records, the NYOS Charter School shall notify the parents in writing of its decision on the request. If NYOS Charter School decides to refuse to amend the information in accordance with the request, NYOS Charter School shall inform the parent of the refusal, and advise the parent of the right to a hearing under §300.568.

1. Opportunity For a Hearing (§300.568)

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If a hearing is requested to challenge information in the records, it shall be held within fifteen (15) schoo! days after the request for a hearing is received. Parents shall be notified in advance of the date, time, and place of the hearing. A record custodian who is not responsible for the contested records, or designee, shall conduct the hearing. The parents shall be given a full and fair opportunity to present evidence and may be assisted or represented at the hearing, at their own expense.

2. Result of Hearing (§300.569)

The parents shall be notified of the decision of the hearing in writing within fifteen

. (15) school days of the hearing. The decision shall be based solely on the evidence

presented at the hearing and shall include a summary of the evidence and

reasons for the decision.

a. If as a result of the hearing, NYOS Charter School decides the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the records will be amended and the parent informed in writing.

b. If after the hearing, NYOS Charter School decides the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the parents shall be given a copy of this guideline and the opportunity, within thirty (30) school days, to place in the record a statement commenting on the information and/or setting forth any reason for disagreeing with the NYOS Charter School's decision.

c. Any explanation is maintained by the NYOS Charter School, and if the contested record is disclosed, the explanation shall also be disclosed.

3. Hearing Procedures (§300.570)

A hearing held under §300.568 must be conducted according to the procedures under FERPA (Family Education Rights and Privacy Act §99.22).

a. the hearing will be held within a reasonable time after receiving the request, b. the parent will be given notice of date, time, and place, in a reasonable time prior

to the hearing, c. the hearing will be conducted by an official of the NYOS Charter School who did

not have a direct interest in the outcome of the hearing, d. the parents will be given full and fair opportunity to present evidence relevant to

the amendment to the record, e. the decision will be made in a reasonable time after the hearing and presented in

writing to the parent, f. the decision will be based solely on the evidence presented at the hearing, and

the summary of evidence and the reasons for the decision will be included in the written report of the hearing,

g. the parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.

G. Consent for Release of Records (§300.571)

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1. Parental consent must be obtained before personally identifiable information is:

a. disclosed to anyone other than officials of participating agencies collecting or using the information;

b. used for any purpose other than meeting a requirement under the Individual with Disabilities Act. The NYOS Charter School may not release information from these records without parental consent except as provided in the Family Educational Rights and Privacy Act (FERPA)-(see 4. below).

2. Written consent must be obtained from the student's parent (signed I dated) in order for personally identifiable information in education records to be released to any individual, agency, or organization other than the student and those listed in 4. below. (A copy is maintained in the student's eligibility file.) For more specific information on Consent requirements, see page 705.

a. Such consent shall specify records to be released, the reason for such release, and to whom the records are to be released;

b. Such information may also be released in compliance with a judicial order or subpoena provided that the parent and student are notified in advance of compliance.

3. Transcripts and Transfers of Records. NYOS Charter School shall forward education records upon request to officials of other schools or school systems in which the stUdent intends to enroll without written consent under the conditions described in this procedure (see 4. below).

NYOS Charter School will try to obtain consent if the parent is available. NYOS Charter School may request transcripts from previously attended schools for stUdents transferring into our school.

4. Personally identifiable information in education records, including directory information, may be released without the written consent of the student's parents to the following:

a. school officials, including teachers, who have a legitimate educational interest; "School officials" are deemed to have a "legitimate educational interest" in a student's records when they are working with the student; considering disciplinary or academic actions, the student's case, compiling statistical data, or investigating or evaluating programs.

b. officials of other schools or school systems in which the student seeks or intends to enroll, provided that the NYOS Charter School will notify the parent or student that it forwards education records to such officials; or

(1. makes a reasonable attempt to notify the parent, unless the record transfer is initiated by the parent, .

(2. furnishes a copy of the transferred record to the parent if he so desires, (3. gives the parent an opportunity for a hearing to challenge the content

of the record.

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c. authorized representatives of the Comptroller General of the United States, the Secretary of Education or state educational authorities who require access to student or other records necessary in connection with the audit and evaluation of a state supported program or in connection with the enforcement of federal or state legal requirements that relate to such programs;

d. personnel involved with a student's application for, or receipt of, financial aid; e. state and local officials to whom such information is specifically required to be

reported or disclosed by state statute adopted prior to November 19, 1974; f. accred·lting organizations that require the information for purposes of

accreditation; g. parents of a dependent student; h. appropriate persons who, in an emergency, must have such information in order

to protect the health or safety of the student or other person.

H. Safeguards (§300.S72)

1. NYOS Charter School shall protect the confidentiality of personally identifiable information in collection, storage, disclosure, and destruction stages.

2. One official in the district shall assume responsibility for ensuring confidentiality of personally identifiable information. The official responsible for ensuring the confidentiality of any personally identifiable information in special education records shall be the Special Education Director in the special education office located at:

512 West Stassney Lane, Suite 100, Austin, TX 78745

3. All persons collecting or using this information shall receive training or instruction concerning the legal requirements involved in handling these records.

Documentation of the training and those in attendance shall be maintained with the Special Education Director.

4. NYOS Charter School shall maintain for public inspection a current listing of the names and positions of employees who may have access to this information. This listing is maintained at the special education office.

I. Destruction of Information (§300.S73)

1. NYOS Charter School shall inform parents when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the child.

2. NYOS Charter School will destroy special education records at the parent's request when records are no longer needed to provide educational services to the child and the criteria below are met:

a. Parents have been reminded that the records may be needed by the student or the arents for social securi benefits or other ur oses;

224

b. NYOS Charter School shall maintain special education records a minimum of seven (7) years beyond dismissal, graduation, or transfer from the district;

c. Efforts will be made to notify parents prior to destruction of such personally identifiable information. The state librarian will be notified.

3. Directory information may be maintained without time limit, including the student's name, address, phone number, grades, attendance record, classes attended, grade level completed, and year completed.

J. Student's Rights

Under the regulations for the Family Educational Rights and Privacy Act of 1974 [34 CFR99.5(a)], the rights of parents regarding education records are transferred to the student at age 18. In addition:

1. the rights accorded to parents under Part B of the Act are transferred to a student who reaches the age of majority, the rights regarding educational records must be transferred to the student.

2. The NYOS Charter School will provide any notice required under Part B of the Act to the student and the parent.

K. Comprehensive System of Confidentiality of Records

The Superintendent shall develop and maintain a comprehensive system of student records and reports dealing with all facets of the school program operation. These records and data shall be stored in a safe and secure manner and shall be conveniently retrievable for utilization by authorized school personnel.

1. Cumulative Record: A cumulative record that complies with TEA requirements and standards shall be maintained for each student from entrance into NYOS Charter School until withdrawal or graduation from NYOS Charter School. This record shall move with the student from school to school and be maintained at the school where currently enrolled until graduation or withdrawal. Records for students who are no longer enrolled shall be housed in their respective schools for the period of time required by law. No permanent records may be destroyed without explicit permission from the Superintendent.

2. Directory Information: Directory information shall include the student's name, address, telephone listing, date and place of birth, participation in officially recognized activities and sports, height and weight of athletic team members, awards received, dates of attendance, the most recent previous school attended by the student, and other similar information.

a. Directory information shall be released to any individual or organization that files a written request with the Superintendent or designee.

b. The NYOS Charter School may release directory information if it has given public notice:

(1. of the categories of information that it has designated as directory

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information; (2. of the right of the parent to refuse to permit the release of any or all of

that information; and (3. of the period of time within which the parent must inform the district in

. writing that such directory information not be released.

3. Student Rights: Whenever a student has attained eighteen (18) years of age and is no longer dependent or is attending an institution of post-secondary education, the permission or consent required of, and the rights accorded to, the student's parent under this policy shall only be required of and accorded to the student.

4. Assessment Instruments: The results of individual student performance on assessment instruments are confidential and may be made available only to the

student, the student's parent or guardian, and to the school personnel directly involved with the student's education. However, overall student performance data may be aggregated and made available to the public with appropriate interpretations, at regularly scheduled Board meetings. Such information may not contain names of individual students or teachers.

5. Notification of Rights: The NYOS Charter School shall give parents of students in attendance, or eligible students in attendance, notification of their rights under the Family Educational Rights and Privacy Act of 1974, and of the locations where copies of the district's policy may be located, including notice of the right to file complaints concerning alleged failures by NYOS Charter School to comply with the provisions of the Act. Parents of students identified as having a primary language other than English shall be notified in that language. Notices in English and Spanish to be posted in each school have been distributed to the building principals. Copies of the notices are available in the special education office.

C. Procedural Safeguards (34 CFR 300.504)

PROCEDURAL SAFEGUARDS

I. NOTICE

Procedural Safeguards Notice

When a student is referred to special education for the first time for an individual comprehensive assessment, local campuses in NYOS Charter School are responsible for providing a copy of Notice of Procedural Safeguards document to notify the student, parent, or guardian of student suspected of having a disability of their educational rights.

The regular education designee at the local campus shall be responsible for explaining the document, for providing answers to questions pertaining to the document and for providing to parents updated copies of the document, as provided by TEA.

A. Distribution (34 CFR §300.504 a)

The Procedural Safeguards document developed by the Texas Education Agency must be provided to parents of a student with a disability, at a minimum: 1. upon initial referral for evaluation, 2. upon each notification of any ARD meeting.

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3. upon reevaluation of the student, and 4. upon receipt of a request for due process.

B. All Required Prior Written Notices (34 CFR §300.503 and §300.344)

Written notice must be given to the parents of a student with a reasonable time before NYOS Charter School: 1. proposes to initiate or change the identification, evaluation, or educational

placement of the child or the provision of a free appropriate public education to the child; or

2. refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child.

3. when the notice relates to an action proposed by NYOS Charter School that also requires parental consent, notice may be given at the same time parental consent is requested.

The written notice must: 1. be written in language understandable to the general public; 2. be provided in the native language of the parent or other mode of communication

used by the parent, unless it is clearly not feasible to do so; and 3. include a statement that the parents of a student with a disability have protection

under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of the description of the procedural safeguards can be obtained.

If the native language is not a written language, the district shall take steps to insure:

1. that the notice is translated orally or by other means to the parent in his or her native language, or other mode of communication used by the parent;

2. that the parent understands the content of the notice; and 3. that there is written evidence of the above.

C. Additional Content of the Notice of Evaluation Must Include:

1. a description of the action proposed or refused by NYOS Charter School, 2. an explanation of why the district proposes or refuses to take the action, 3. a description of any options the district considered and the reasons why those

options were rejected, 4. a description of each evaluation procedure, test, record, or report the district uses

as a basis for the proposal or refusal, 5. a description of any other factors which are relevant to the district's proposal or

refusal, 5. sources (more than one) for parents to contact to obtain assistance in

understanding these provisions, 6. indicate the date sent (unless the parents agree otherwise, provide written notice

to parents at least five school days prior to evaluation).

D. Additional Content of the Notice of ARD/IEP Committee Meeting (TAC §89.1045)

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Local campuses will take steps to ensure that one or both of the parents are present at I each meeting or are afforded the opportunity to participate. The NYOS Charter School will invite parents and adult students to participate as members of the ARDIIEP committee by providing written Notice. The parent or the NYOS Charter School may invite other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate. The determination of the knowledge or special expertise will be made by the parent or NYOS Charter School who invited the individual to be a member of the ARDIIEP committee.

1. Content of the written Notice of ARDIIEP meeting must include: a. a description of the action proposed or refused by NYOS Charter

School,

b. an explanation of why the district proposes or refuses to take the action, c. a description of any options the district considered and the reasons why

those options were rejected,

d. a description of each evaluation procedure, test, record, or report the

district uses as a basis for the proposal or refusal,

e. a description of any other factors which are relevant to the district's

proposal or refusal,

f. sources for parents to contact to obtain assistance in understanding

these provisions,

g. a statement informing the parents about the State complaint procedures,

including a description of how to file a complaint and the timelines under

those procedures. Include a statement that the ARD committee

members will discuss, at the parent's request, the provision of any

educational or related service not proposed for discussion by NYOS

Charter School.

2. The Notice of the ARDII EP meeting must: (34 CFR §300.345 and §89.1015)

a. be provided to parents at least 5 school days in advance of the ARD to

ensure they will have an opportunity to attend,

b. include the purpose, time, and location of the meeting and who will be in

attendance,

c. provide opportunity to schedule the meeting at a mutually agreed upon

time and place, including rescheduling the meeting,

d. For a student with a disability beginning at age 14, or younger, if appropriate, the notice must: (1. indicate that a purpose of the meeting will be the development of a

statement of the transition service needs of the student, and (2. indicate that the student will be invited.

e. For a student with a disability beginning at age 16, or younger, if appropriate, the notice must: (1. indicate that a purpose of the meeting is the consideration of the

individual transition plan for the student, (2. indicate that the student will be invited, and (3. identify any other agency that will be invited to send a representative, if

228 27

appropriate.

E. Timeline for Notice (TAC §89.1 015) State Board of Education rule interprets the federal term "reasonable time" as at least five school days. Parents may agree to waive the five school day notice period to which they are entitled.

F. Notice of Proposal or Refusal to Provide Services in Regard to Identification, Evaluation, Placement, or Free Appropriate Public Education

The Notice of Proposal or Refusal includes the following: 1. it is given in the native language or other mode of communication of the parent. 2. the date sent/mailed (unless the parents agree otherwise, provide written notice

to parents at least five school days prior to acting on proposal or refusal). 3. the action proposed or refused, 4. why action was proposed or refused, 5. description of the options considered, 6. description of why options were rejected, 7. description of evaluation procedures, tests, records, or reports used as basis

for the refusal,

7. other factors relevant to the proposal or refusal, 8. sources for parents to contact to obtain assistance in understanding these

provisions,

10. the notice includes a full explanation of all procedural safeguards (Notice of

Procedural Safeguards).

G. Parental Rights Regarding Adult Students. 34 CFR §§300.347(c), 300.315(a)(2-3); 300.517, TAC §89.1049, TEC §29.017

1. Beginning at least one year before a student reaches 18 years of age, the student's individualized education program (IEP) will include a statement that the student has been informed that, unless the student's parent or other individual has been granted guardianship of the student under the Probate Code, Chapter XIII, Guardianship, all rights granted to the parent under the Individuals with Disabilities Education Act (IDEA), Part B, other than the right to receive any notice required under IDEA, Part B, will transfer to the student upon reaching age 18. After the student reaches the age of 18, except as provided by subsection 2. of this section, the NYOS Charter School will provide any notice required under IDEA to both the adult student and the parent.

2. All rights accorded to a parent under IDEA Part B including the right to receive any notice required by IDEA will transfer to an 18-year-old student who is incarcerated in an adult or juvenile, state or local correctional institution, unless the student's parent or other individual has been granted guardianship of the student under the Probate Code, Chapter XIII, Guardianship.

3. The NYOS Charter School will notify in writing the adult student and parent of the transfer of parental rights, as described in subsections 1. and 2. of this section, at the time the student reaches the age of 18. This notification is separate and distinct from the re uirement that the student's IEP include a

229 28

statement relating to the transfer of parental rights beginning at least one year before the student reaches the age of 18. This notification is not required to contain the elements of notice referenced in 34 CFR §300.503, but will include a statement that parental rights have transferred to the adult student and provide contact information for the parties to use in obtaining additional information.

4. A notice under IDEA, Part B, that is required to be given to an adult student and parent does not create a right for the parent to consent to or participate in the proposal or refusal to which the notice relates. For example, a notice of an admission, review, and dismissal (ARD) committee meeting does not constitute invitation to, or create a right for, the parent to attend the meeting. However, in accordance with 34 CFR §300.344(a) (6), the adult student or the NYOS Charter School may invite individuals who have knowledge or special expertise regarding the student, including the parent.

5. Nothing in this section prohibits a valid power of attorney from being executed by an individual who holds rights under IDEA, Part B.

II. CONSENT.Q1 CFR §300.500. §300.505)

A. Consent Means the Parent: 1. has been fully informed of all information relevant to the activity for which

consent is sought, in his or her native language, or other mode of communication;

2. understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent describes that activity and lists the records (if any) which will be released and to whom; and

3. understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. Note: With respect to A. 3. above, the parent's ability to revoke consent, if invoked, is not retroactive, i.e., it does not negate an action that has occurred after the consent was given and before it was revoked.

4. All consent forms must be maintained in the student's eligibility folder.

B. Parental Consent Must be Obtained Before:

1. conducting an initial evaluation or re-evaluation, and 2. initial provision of special education and related services to a student with a

disability,

Parental consent is not required before: a. reviewing existing data as part of any evaluation or re-evaluation, or b. administering a test or other evaluation that is administered to all children, unless

before administration of that test or evaluation, consent is required of parents of all children.

The parent must sign the consent before an e\laluation is initiatea. If parent consent is not obtained for a reevaluation, NYOS must document that it has taken reasonable measures to obtain the consent.

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http:CONSENT.Q1

C. Refusal of Consent.

If the parents refuse consent for initial evaluation or a reevaluation, NYOS Charter School may continue to pursue those evaluations by using the due process procedures or the mediation procedures if appropriate, except to the extent inconsistent with State law. When a parent refuses or otherwise does not give consent prior to the initiation of formal evaluation procedures or for initial special education services: 1. NYOS Charter School shall first ensure with all reasonable effort that the parent

understands the proceedings and understands his or her rights. 2. NYOS Charter School shall then attempt to come to agreement with parents. 3. NYOS Charter School may then request a due process hearing or mediation

NOTE: Schools should notify the Special Education Director if this step is contemplated.

4. NYOS Charter School may evaluate or initially provide special education and related services to the child without the parent's consent, subject to the parent's rights under 34 CFR §300.510-300.513 if a hearing officer upholds NYOS Charter School.

D. Failure to Respond to Requestfor Reevaluation

1. Informed parental consent need not be obtained for reevaluation if NYOS Charter School can demonstrate that it has taken reasonable measures to obtain that consent, and the student's parent has failed to respond.

2. To meet the reasonable measures requirement above, the NYOS Charter School will use one or more of the following documentation of efforts to obtain consent:

a. detailed records of telephone calls made or attempted and the results of those calls with documentation on the NYOS Charter School copy of Notice of ARD form or attached;

b. copies of correspondence sent to the parents and any responses received;

c. detailed records of visits made to the parent's home or place of employment and the results of those visits; or

d. conference telephone calls to ensure parent receipt of the consent and their understanding.

3. The NYOS Charter School may proceed with the responsibility to conduct a reevaluation after exhausting all avenues to obtain informed consent from the parent(s).

4. Efforts described in #2. above will be documented and in the student folder. 5. NYOS Charter School will take whatever action is necessary to ensure that the

parents understand the consent, including arranging for an interpreter for parents with deafness, or whose native language is other than English.

E. Parental Consent May Not be Required

Parental consent may not be required as a condition of any benefit to the parent or the student except for the service or activity for which consent is required in B. above.

231 30

F. Consent for Disclosure of Confidential Information. (Transfers)

The NYOS Charter School or previous school district is not required to obtain parental consent before requesting or sending student's special education records if disclosure is conducted according to §.99.30 - 99.37 (relating to the disclosure of personally identifiable information from education records). The NYOS Charter School will transfer student records to the receiving school district within 30 calendar days after the student is enrolled in the new school district. (see page 713)

D. Notice of admission, review & dismissal (ARD) committee meetings

(34 CFR 300.503; 34 CFR 300.345; TEC 26.0081; 19 T AC 89.1015; 19 TAC 89.1045)

NOTICE OF ADMISSION, DISMISSAL AND REVIEW COMMITTEE MEETING

SCHEDULING THE ARDIIEP COMMITTEE MEETING

A. The building principal should designate a staff member responsible for scheduling ARDIIEP meetings. Confirmation notices should be distributed to all special and general education instructional and support staff involved in the meetings. ARD/IEP scheduling should be coordinated to ensure participation and accuracy.

B. A schedule should be developed at the beginning of each year. Admission, Review, and Dismissal (ARD/IEP) Individual Education Program committee meetings may be moved up to accommodate distribution, but in no ~ may they be held more than a year from previous annual ARD/IEP meetings. One year means "calendar" year (month/day/year).

C. If an ARDIIEP meeting is necessary for reasons other than the annual ARD, (discipline, failure, parent request, addition of a related service, etc.) and it is within a month or two of the annual ARD/IEP meeting, consider moving the annual date up and discussing all foreseeable decisions I needs in one meeting.

D. The times for meetings should be scheduled with regard to student need and ARD/IEP committee responsibilities. Meetings should not be scheduled so tightly that an unexpected situation cannot be handled properly.

E. A parent may request an ARD committee meeting at any mutually agreeable time to address specific concerns about his or her child's special education services.

F. The TEA (June 2002) publication for parents: A Guide to the Admission Review and Dismissal Process will be mailed out to all parents annually.

Annual Review

The annual review should occur within twelve months, on or before the anniversary date which reflects the original special education entry date or previous annual review date.

At the annual review, the committee shall:

232 31

A. review any informal evaluation from teachers or any formal evaluation if conducted; B. review current IEP progress and develop a new IEP; C. consider appropriateness of the student's placement as it relates to the student's IEP. The

current IEP objectives shall be reviewed and documented on the IEP prior to the development· and acceptance of a new IEP. There should be some objectives that have been added/deleted/revised on the new IEP. If there are no changes, the ARDIIEP committee should have written justification for the lack of revision and a new IEP generated; and

D. consider any other items deemed important by the parent.

Reevaluation (Three Year Review)

An ARD meeting needs to be conducted at least 2 - 3 months before the anniversary date of the stUdent's Full and Individual Evaluation (FIE) date, at which time committee shall review existing evaluation data and discuss whether new individual evaluation information, is needed. This meeting should occur in enough time prior to the three year anniversary date for the evaluation (if needed) and report to be completed by the tri-annual date.

Content of the Notice of ARD/IEP Committee Meeting (TAC §89.104S)

Local campuses will take steps to ensure that one or both of the parents are present at each meeting or are afforded the opportunity to participate. The NYOS Charter School will invite parents and adult students to participate as members of the ARDIIEP committee by providing written Notice. The parent or the NYOS Charter School may invite other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate. The determination of the knowledge or special expertise will be made by the parent or NYOS Charter School who invited the individual to be a member of the ARDIIEP committee. (See a/so ARD section - Parent Participation.)

(b) Aparent may request an ARD committee meeting at any mutually agreeable time to address specific concerns about his or her child's special education services. NYOS charter school will respond to the parent's request either by holding the requested meeting or by requesting assistance through the Texas Education Agency's mediation process. NYOS charter school will inform parents of the functions of the ARD committee and the circumstances or types of problems for which requesting an ARD meeting would be appropriate.

1. Content of the written Notice of ARDIIEP meeting must include: a. a description of the action proposed or refused by NYOS Charter School, b. an explanation of why the district proposes or refuses to take the action, c. a description of any options the district considered and the reasons why those

options were rejected, d. a description of each evaluation procedure, test, record, or report the district

uses as a basis for the proposal or refusal, e. a description of any other factors which are relevant to the district's proposal

or refusal,

233 32

f. sources for parents to contact to obtain assistance in understanding these provisions,

g. a statement informing the parents about the State complaint procedures, including a description of how to file a complaint and the timelines under those procedures. Include a statement that the ARD committee members will discuss, at the parent's request, the provision of any educational or related service not proposed for discussion by NYOS Charter School.

2. The Notice of the ARD/IEP meeting must: (34 CFR §300.345 and §89.1 015) a. be provided to parents at least five school days in advance of the ARD to ensure

they will have an opportunity to attend, b. include the purpose, time, and location of the meeting and who will be in

attendance, c. provide opportunity to schedule the meeting at a mutually agreed upon time and

place, including rescheduling the meeting, d. for a student with a disability beginning at age 14, or younger, if appropriate, the

notice must: (1. indicate that a purpose of the meeting will be the development of a

statement of the transition services needs of the student, and (2. indicate that the student will be invited.

e. for a student with a disability beginning at age 16, or younger, if appropriate, the notice must: . (1. indicate that a purpose of the meeting is the consideration of the individual

transition plan for the student, (2. indicate that the student will be invited, and (3. identify any other agency that will be invited to send a representative, if

appropriate.

Timeline For Notice (TAC §89.1015)

State Board of Education rule interprets the federal term "reasonable time" as at least five school days. Parents may agree to waive the five school day notice period to which they are entitled.

Notice of Proposal or Refusal to Provide Services in Regard to Identification, Evaluation, Placement, or Free Appropriate Public Education

The Notice of Proposal or Refusal includes the following: 1. it is given in the native language or other mode of communication of the

parent, 2. the date senUmailed (unless the parents agree otherwise, provide written

notice to parents at least five school days prior to acting on proposal or refusal),

3. the action proposed or refused,

23433

4. why action was proposed or refused, 5. description of the options considered, 6. description of why options were rejected, 7. description of evaluation procedures, tests, records, or reports used as basis

for"the refusal, 8. other factors relevant to the proposal or refusal, sources for parents to contact

to obtain assistance in understanding these provisions, 9. the notice includes a full explanation of all procedural safeguards (Notice of

Procedural Safeguards).

E. Evaluation of children to determine eligibility

(34 CFR 300.530-300.543; TEC 29.004; 19 TAC 89.101 I; 19 TAe 89.1015; 19 rAC 89.1040)

EVALUATION OF CHILDREN TO DETERMINE ELIGIBILITY

REFERRAL

1. Referral of students for a full and individual evaluation for possible special education services shall be a part of NYOS charter school's overall, general education referral or screening system. Prior to referral, students experiencing difficulty in the general classroom should be considered for all support services available to all students, such as tutorial, remedial, compensatory, and other services.

2. If the student continues to experience difficulty in the general classroom after the provision of interventions, school personnel must refer the student for a full and individual initial evaluation. A referral may be initiated by school personnel, the student's parents or legal guardian, or another person involved in the education or care of the student. The referral for a full and individual initial evaluation must be completed in the required timeline of 60 calendar days.

INITIAL EVALUATIONS (34 CFR §300.320 and §300.531)

NYOS Charter School will ensure that a full and individual evaluation is conducted for each student being considered for special education and related services. The evaluation will be completed before the initial provision of special education and related services and will be the basis for the ARD committee to:

A. determine if the student is a "student with a disability" in accordance with federal and state requirements; and

B. determine the educational needs of the student.

In implementing the requirements above, NYOS Charter School ensures that:

A. the evaluation is conducted in accordance with the procedures in federal and state law,

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B. the results of the evaluation are used by the ARD/IEP committee in developing an individualized education program.

EVALUATION PROCEDURES

Before any action is taken with respect to the initial placement of a child with a disability in a program providing special education and related services, a full and individual evaluation of the child's educational needs must be conducted in accordance with requirements below:

NYOS Charter School ensures the following:

A. Tests and other evaluation materials used to assess the student:

1. Are selected and administered so as not to be discriminatory on a racial or cultural

basis; 2. Are provided and administered in the student's native language or other mode

of communication, unless it is clearly not feasible to do so; 3. Are standardized tests that have been validated for the specific purpose for which

they

are used?

4. Are standardized tests that are administered by trained personnel in conformance with

the instructions provided by their producer; and 5. Are maintained in the student's legal folder

a. page(s) containing test scores are retained. b. pages containing questions/answers are destroyed.

B. Materials and procedures used to assess a child with limited English proficiency are selected and administered to ensure that they measure the extent to which the child has a disability and needs special education, rather than measuring the child's English Language skills.

C. Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a

single general intelligence quotient.

D. Tests are selected and administered so as best to ensure that when a test is administered to a child with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speakin skills (except where those skills are the factors

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that the test purports to measure).

E. No single procedure is used as the sole criterion for determining an appropriate educational program for a student.

F. The student is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

G. The evaluation must be sufficiently comprehensive to identify all the child's educational needs, whether or not; they link to the child's disability category.

H. Uses technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

I. Uses evaluation tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the student.

J. A variety of evaluation tools and strategies are used to gather relevant functional and developmental information about the student, including information provided by the parent, that may assist in determining:

1. whether the child is a student with a disability, 2. the content of the student's IEP, including information related to enabling the child-

a. to be involved in and progress in the general curriculum; or b. if a preschool child, to participate in appropriate activities.

K. The evaluation is made by a multidisciplinary group of persons, including at least one teacher or other specialist with knowledge of the area of suspected disability.

DETERMINATION OF NEEDED EVALUATION DATA (34 CFR §300.533)

As part of an initial evaluation (if appropriate) and as part of any reevaluation, a team that includes individuals required in 34 CFR §300.344, and other qualified professionals, as appropriate, will:

A. Review existing evaluation data on the child, including but not limited to:

1. evaluation and information provided by the parents of the student, 2. current classroom based evaluations and observations, 3. observations by teachers and related services providers, 4. group evaluation such as TAAS, IOWA, etc., and 5. other school records such as attendance, discipline reports, etc.

B. On the basis of that review, including input from the child's parents, the ARDIIEP team will identify what additional data, if any, are needed to determine:

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1. whether the child has a particular category of disability, as described in federal law 34 CFR§300.7, or in case of a reevaluation of a student. whether the student continues to have a disability,

2. the present levels of performance and educational needs of the student, 3. whether the student needs special education and related services, or in the case

of a reevaluation of a student, whether the student continues to need special education and related services, and

4. whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the IEP of the student and to participate, as appropriate, in the general curriculum.

C. NYOS Charter School will administer tests and other evaluation materials as may be needed to produce the data identified in A. and B. above.

D. If determination under paragraph A is that no additional data are needed to determine whether the student continues to be a student with a disability, the NYOS Charter School will notify the student's parents: 1. of that determination and the reasons for it; and 2. of the right of the parents to request a full and individual evaluation to determine

whether the student continues to be a student with a disability.

E. NYOS Charter School is not required to conduct an evaluation described in paragraph D. 2. above unless requested to do so by the student's parents.

F. If the AROIIEP committee determines additional data is not needed and documents that determination, the date of the AROfiEP committee meeting becomes the new evaluation date.

DETERMINATION OF DISABILlTY.IM CFR §300.534)

A. Upon completing the administration of tests and other evaluation materials

1. a team of qualified professionals and the parent of the stUdent must determine whether the student is a student with a disability as defined in federal law 34 CFR §300.7, and

2. provide a copy of the evaluation report and the documentation of determination of eligibility to the parent.

B. The student may not be determined to be a student with a disability if the determinant factor for that determination is

1. lack of instruction in reading or math; or 2. limited English proficiency

C. The student with a disability must be evaluated in accordance with CFR 34 300. 532 and 300. 533 before determining that the student is no longer a student with a disability.

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http:DISABILlTY.IM

ELIGIBILITY CRITERIA

TAC §B9.1040 To be eligible to receive special education services, a student must be a "child with a disability" as defined in the federal law, the Texas Education Code and Rules.

The determination of whether a student is eligible for special education and related services is made by the student's ARD/IEP committee. Any evaluation or re-evaluation of a student shall be conducted in accordance with federal and state regulations. The evaluation will document the members of the ARD/IEP team. The ARDIIEP team that collects or reviews evaluation data in connection with the determination of a student's eligibility must include, but is not limited to the following:

1. licensed specialist in school psychology (LSSP), an educational diagnostician, or other appropriately certified or;

2. licensed practitioner with experience and training in the area of the disability, or a licensed or certified professional for a specific eligibility category.

PROCEDURES FOR DETERMINING ELIGIBILITY & PLACEMENT

In interpreting evaluation data for the purpose of determining if a child is a child with a disability and the educational needs of the child NYOS Charter school will:

1. Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendation, physical condition, social or cultural background and adaptive behavior; and

2. Ensure that information obtained from all of these sources is documented and carefully

considered.

If a determination is