Legal Notices
- AHERA Notification
- Bullying
- Duties Not to Unlawfully Discriminate on the Basis of a Student's Handicap
- Equal Opportunity
- FERPA
- Notice of Procedural Safeguards for Parents of Handicapped Students
- Notification Concerning Disciplinary Policies
- Pesticide Application Information
- Speech & Hearing Screening
- Student Records
AHERA Notification
Bullying
(a) Bullying is prohibited by Carmel Clay Schools. Students who commit any acts of bullying are subject to discipline including but not limited to suspension, expulsion, arrest, and/or prosecution.
(b) Definition: Bullying is defined as overt, repeated acts or gestures, including: verbal or written communication transmitted; physical acts committed; or any other behaviors committed; by a student or group of students against another student with the intent to harass, ridicule, humiliate, or harm the other student.
(c) Applicability: This rule applies when the bullying student is: on school grounds immediately before or during schools hours, immediately after school hours, or at any other time when the school is being used by a school group; off school grounds at a school activity, function, or event; traveling to or from school or a school activity, function, or event; or using property or equipment provided by the school.
(d) Education: All students may be required to attend informational sessions on the meaning of bullying and the possible repercussions of partaking in such activity.
(e) Parental Involvement: Parents are encouraged to be involved in the process of minimizing bullying as it is defined in this section. Parents should feel free to report suspected acts of bullying to an appropriate school official. In addition, parents of students suspected of bullying will be notified with a phone call or through other appropriate means of correspondence. Conversely, parents of students suspected of being the victim of acts of bullying will also be notified with a phone call or through other means of appropriate correspondence. Parents of students who are disciplined for acts of bullying will be involved in the process as consistent with school policy on discipline procedure.
(f) Reporting: All parents and students should report suspected acts of bullying to an appropriate school official. In turn, all faculty and school personnel shall report or refer all suspected acts of bullying to a designated school administrator in charge of receiving reports of suspected bullying.
(g) Investigation: Once a report of suspected bullying is received by the designated school administrator, an investigation shall follow. The investigation should be facilitated by the designated school administrator or other appropriate school staff. Information relating to the investigation will be gathered using means including but not limited to interviews and accumulation of suspected bullying correspondence.
(h) Intervention: If a report of suspected bullying is substantiated through an investigation then the school shall take appropriate disciplinary action as consistent with the school’s policy and procedure for discipline. The chosen discipline for a student found to have violated the rules on bullying is subject to school discipline such as suspension and expulsion. Also, if the acts of bullying rise to the level of criminal offense violating students will be referred to the proper authorities and risk arrest and/or prosecution.
Duties Not to Unlawfully Discriminate on the Basis of a Student's Handicap
Carmel Clay Schools shall not unlawfully discriminate against handicapped students. Pursuant to the Rehabilitation Act of 1973, Carmel Clay Schools has the following duties:
- annually undertake to identify and locate every qualified handicapped student residing in Carmel Clay School’s attendance area who is not receiving a public education;
- annually take appropriate steps to notify handicapped students and their parents or guardians of Carmel Clay School’s duties not to discriminate on the basis of handicap;
- provide a free appropriate public education (“FAPE”) to each qualified handicapped student who has legal settlement in Carmel Clay Schools, regardless of the nature or severity of the person's handicap;
- provide an appropriate education in the provision of regular or special education and related aids and services that
(i) are designed to meet individual educational needs of handicapped students as adequately as the needs of non‐handicapped students are met and
(ii) are based upon adherence to procedures that satisfy federal law; - provide a free education is the provision of educational and related services without cost to the handicapped student or to his or her parents or guardian, except for those fees that are imposed on non‐handicapped students or their parents or guardian;
- provide adequate transportation to and from the aid, benefits, or services provided at no greater cost than would be incurred by the student or his or her parents or guardian;
- educate or provide nonacademic and extracurricular services for each qualified handicapped student who has legal settlement with students who are not handicapped to the maximum extent appropriate to the needs of the handicapped student;
- conduct an evaluation of any student who, because of handicap, needs or is believed to need special education or related services before taking any action with respect to the initial placement of the student in regular or special education and any subsequent significant change in placement;
- establish standards and procedures pursuant to federal law for the evaluation and placement of students who, because of handicap, need or are believed to need special education or related services;
- in interpreting evaluation data and in making placement decisions:
a. draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior,
b. establish procedures to ensure that information obtained from all such sources is documented and carefully considered,
c. ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options, and
d. ensure that the placement decision is made in conformity with the student’s least restrictive environment; - establish procedures for periodic reevaluation of students who have been provided special education and related services;
- establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of students who, because of handicap, need or are believed to need special instruction or related services, a system of procedural safeguards that includes notice, an opportunity for the parents or guardian of the student to examine relevant records, an impartial hearing with opportunity for participation by the student's parents or guardian and representation by counsel, and a review procedure.
- provide non‐academic and extracurricular services and activities in such manner as is necessary to afford handicapped students an equal opportunity for participation in such services and activities;
- ensure that qualified handicapped students are not counseled toward more restrictive career objectives than are non‐handicapped students with similar interests and abilities;
- where preschool education or day care or adult education are provided, do not exclude qualified handicapped students on the basis of handicap and take into account the needs of such students in determining the aid, benefits or services to be provided.
All questions or concerns regarding Carmel Clay Schools’ Section 504 duties should be referred to the Director of Special Services for Carmel Clay Schools.
Equal Opportunity
Carmel Clay Schools is committed to equal opportunity and does not discriminate on the basis of age, race, color, religion, sex, disabling conditions, or national original including limited English proficiency.
For further information, please contact:
Director of Human Resources
5201 East Main Street
Carmel, IN 46033
FERPA
The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older (“eligible students”) certain rights with respect to the student’s education records. Their rights are:
- The right to inspect and review the student's education records within forty-five (45) days after Carmel Clay Schools receives a written request;
- The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. If the school decides not to amend the record, the parent or eligible student will be so notified and provided the opportunity for a hearing. Additional information concerning the hearing will be provided when notified of the opportunity for a hearing;
- The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent; and
- The right to file a complaint with the United States Department of Education concerning alleged failures by the school to comply with the requirements of FERPA.
FERPA permits the disclosure of education records, without consent of the parent or eligible student under certain circumstances. One of those circumstances is to other school officials, including teachers, within Carmel Clay Schools whom the school has determined to have legitimate educational interests. For purposes of FERPA, “school official” includes teachers, professors, instructors, administrators, health staff, counselors, attorneys, clerical staff, trustees, school board members, members of committees and disciplinary boards, contractors, including online service providers, volunteers, or another party to whom the school has outsourced institutional services or functions.
Additionally for purposes of FERPA, “legitimate educational interest” means direct or delegated responsibility for helping the student achieve one (1) or more of the educational goals of the Corporation or if the record is necessary in order for the school official to perform an administrative, supervisory or instructional task or to perform a service or benefit for the student or the student’s family.
Annual notification of FERPA rights is given via the student handbooks:
Notice of Procedural Safeguards for Parents of Handicapped Students
Notice of procedural safeguards for parents of handicapped students under section 504:
In accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, Carmel Clay Schools provides certain procedural safeguards for parents of handicapped students under Section 504. These safeguards include the Parents’ right to:
A. have their child take part in, and receive benefits from public education programs without discrimination because of his or her disabling condition;
B. have the School Corporation advise them of their rights under federal law;
C. receive notice with respect to identification, evaluation, refusal to provide an evaluation, educational placement, denial of education placement and any significant chance in said placement of their child;
D. have their child evaluated if the School Corporation has reason to believe their child has a mental or physical impairment that substantially limits learning or some other major life activity;
E. have their child educated in facilities and receive services comparable to those provided nondisabled students;
F. examine all relevant records relating to decisions regarding their child’s identification, evaluation, education program, and placement;
G. obtain copies of educational records at a reasonable cost unless the fee would effectively deny them access to the records;
H. a response from the School Corporation to reasonable requests for explanations and interpretations of their child’s records;
I. request amendment of their child’s educational records if there is reasonable cause to believe that they are inaccurate, misleading or otherwise in violation of the privacy rights of their child. If the School Corporation refuses this request for amendment, it shall notify them within a reasonable time, and advise them of the right to a hearing;
J. request mediation or an impartial due‐process hearing related to decisions or actions regarding their child’s identification, evaluation educational program, or placement. Parents and their child may take part in the hearing and have an attorney represent them;
K. appeal the final decision of the impartial hearing officer to a court of competent jurisdiction;
L. ask for payment of reasonable attorney fees if they are successful on their claim;
M. file a local grievance;
N. File a formal complaint with the U.S. Department of Education through the Office for Civil Rights, Region V, 401 S. State Street, 700‐C, Chicago, IL, 60605‐1202, (312) 353‐2520.
Notification Concerning Disciplinary Policies
The following Board of Education policies govern the establishment of rules and regulations concerning student discipline.
Policy 5600 ‐ Student Discipline
The School Board acknowledges that conduct is closely related to learning and that an effective instructional program requires an orderly school environment, which is in part, reflected in the behavior of students. The Board believes that the best discipline is self‐imposed and students should learn to assume responsibility for their own behavior and the consequences of their actions. The Board shall require each student of this Corporation to adhere to the Code of Conduct promulgated by the administration and to submit to such disciplinary measures as are appropriately assigned for infraction of those rules. Such rules shall require that students:
A. conform to reasonable standards of socially acceptable behavior;
B. respect the person and property of others;
C. preserve the degree of order necessary to the educational program in which they are engaged;
D. respect the rights of others;
E. obey constituted authority and respond to those who hold that authority.
Data regarding disciplinary actions(s) shall not be entered on a student’s permanent record. The Superintendent shall promulgate administrative guidelines for student conduct which carry out the purposes of this policy and;
A. are not arbitrary but bear a reasonable relationship to the need to maintain a school environment conducive to learning;
B. do not discriminate among students;
C. do not demean students;
D. do not violate any individual rights constitutionally guaranteed to students.
The Superintendent shall designate sanctions for the infractions of rules which shall:
A. relate in kind and degree to the infraction;
B. help the student learn to take responsibility for his/her actions;
C. be directed, where possible, to ameliorate any harm which may have been caused by the student’s misconduct.
The Superintendent shall publish to all students and their parents the rules of this Corporation regarding student conduct, the sanctions which may be imposed for breach of those rules, and the due‐process procedures that will be followed in administering the Code of Conduct. A student who has been disorderly on a school vehicle may be excluded from transportation services in accordance with Board policies on transportation. The principal shall have the authority to assign discipline to students, subject to Corporation administrative guidelines and the student’s due process right to notice, hearing, and appeal.
Teachers and other employees of this Board having authority over students shall have the authority to take such means as may be necessary to control the disorderly conduct of students in all situations and in all places where such students are within the jurisdiction of this Board. No student is to be detained after the close of the regular school day unless the student’s parent has been contacted and informed that the student will be detained.
Policy 5610 ‐ Suspension and Expulsion of Non‐handicapped Students
The School Board recognizes that removal from the educational programs of the Corporation, whether by suspension or expulsion, is the most severe sanction that can be imposed on a student in this Corporation and one that cannot be imposed without due process since removal deprives a child of the right to an education. For purposes of this policy, suspension and expulsion shall be as defined in the Indiana Code. The Superintendent is authorized to suspend or expel a student when circumstances warrant and proper guidelines have been followed. S/he shall report all such cases to the Bureau of Motor Vehicles in accordance with law and the Bureau’s guidelines.
Policy 5610.02 ‐ In‐School Suspension
In‐school suspension will only be offered at the discretion of the principal for offenses found in the Student Code of Conduct. Such an alternative will be dependent upon the financial ability to support such a program and subject to the approval of the Superintendent. The Superintendent shall establish administrative guidelines to implement this policy.
Policy 5611 ‐ Due Process Rights
The School Board recognizes the importance of safeguarding a student’s constitutional rights, particularly when subject to the Corporation’s disciplinary procedures. The Superintendent shall establish administrative guidelines to ensure that all members of the staff follow due process procedures when dealing with students. In addition, a statement of due process rights is to be placed in all student handbooks in a manner that will facilitate understanding by students and their parents.
Policy 5630 ‐ Corporal Punishment
While recognizing that students may require disciplinary action in various forms, the School Board cannot condone the use of unreasonable force and fear as an appropriate procedure in student discipline. Professional staff should not find it necessary to resort to physical force or violence to compel obedience. If all other means fail, staff members may always resort to removal of the student from the classroom or school through suspension or expulsion procedures. Professional staff as well as support staff may, within the scope of their employment, use and apply reasonable force and restraint to quell a disturbance threatening physical injury to others, to obtain possession of weapons or other dangerous objects upon or within the control of the student, to act in self‐defense, or to protect persons or property. When an employee inflicts unnecessary, unreasonable, irrational, or inappropriate force upon a student, s/he may be subject to discipline by this Board and criminal assault charges as well. Corporal punishment shall not be permitted. If any employee threatens to inflict, inflicts, or causes to inflict unnecessary, unreasonable, or inappropriate force upon a student, s/he may be subject to discipline by this School Board and possibly criminal assault charges or be reported to authorities for child abuse. This prohibition applies as well to volunteers and those with whom the Corporation contracts for services. Copies of all policies are available from the Board of Education office.
Pesticide Application Information
To view current pre-notification of pesticide applications, please visit our Facilities page.
Speech & Hearing Screening
Indiana State Law mandates hearing screening for students in grades 1 and 4 and students new to the district.
Additionally, Carmel Clay Schools provides hearing screenings for Kindergarten students.
Speech screenings will be conducted for Kindergarten and First grade students along with the hearing screenings.
Parents should notify the school office in writing as soon as possible if they DO NOT wish their child/children to participate in these screenings.
Student Records
In compliance with federal regulations, the Carmel Clay School Corporation has established the following guidelines concerning student records.
A. The Director responsible for Student Services is the Records Control Officer for the Corporation and is responsible for the processing and maintenance of student records. The Director’s office is located at the Educational Services Center, 5201 East Main Street.
B. Each student’s records will be kept in a confidential file located at the student’s school office. The information in a student’s record file will be available for review only by the parents or legal guardian of a student, adult student (18 years of age or older), and those designated by federal law or Corporation regulations.
C. A parent, guardian, or adult student has the right to request a change or addition to a student’s records and to either obtain a hearing with Corporation officials or file a complaint with the U.S. Office of Education if not satisfied with the accuracy of the records or with the Corporation’s compliance with the Federal Education Rights and Privacy Act.
D. The Corporation has established the following information about each student as “directory information” and will make it available upon a legitimate request unless a parent, guardian, or adult student notifies the Records Control Officer in writing within 20 days from the date of this notification that he or she will not permit distribution of any or all such information: a student's name; address; student's or student's family email address; telephone number; date and place of birth; photograph; major field of study; grade level or year (such as freshman or junior) participation in officially recognized activities and sports; height and weight, if a member of an athletic team; dates of attendance; date of graduation; awards received; or any other information which would not generally be considered harmful or an invasion of privacy, if disclosed. Directory information shall not be provided to any organization for profit-making purposes.
E. In accordance with Federal and State law, the Board shall release the names, addresses, and telephone listings of secondary students to a recruiting officer for any branch of the United States Armed Forces or an institution of higher education who requests such information. A secondary school student or parent of the student may request that the student's name, address, and telephone listing not be released without prior consent of the parent(s)/eligible student.
F. A copy of the Policy 8330 pertaining to student records is available at the Board of Education office.