Policy 4160 - Parents Right-to-Know Notices

Parents Right-to-Know Notices
NOTE: This list of parental notice requirements is limited to those required by ESSA 20 USC § 6312(e), other notices to parents are found in other policies. The only notices applying to schools that do not receive Title I funds are those regarding student privacy. The notices described in this policy are paraphrased; please see the specific ESSA section cited for the exact requirements.

Academic Notices
1. Teacher Qualifications: At the beginning of each school year, the school shall notify the parents of each student attending any school receiving Title I funds that the parents may request, and the school will provide the parents on request, information regarding the professional qualifications of the student’s classroom teachers, including, at a minimum, the following:
      A. Whether the teacher has met the state qualifications and licensing criteria for the grade levels and subject areas in which the teacher provides instruction;
      B. Whether the teacher is teaching under emergency or other provisional status through which State qualifications or licensing criteria has been waived;
      C. Whether the teacher is teaching in the field or discipline consistent with the teacher’s certification; and
      D. Whether paraprofessionals provide services to the student and, if so, their qualifications.
2. Student Performance: The school must provide parents the following information on the level of achievement of the parent’s child:
      A. Information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required by law; and
      B. Timely notice that the student has been assigned or taught for four or more consecutive weeks by a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.

Testing Transparency Notices
1. Testing Notification: At the beginning of each school year, the school shall notify the parents of each student that the parents may request, and the school will provide the parents in a timely manner, information regarding any state or school policy regarding student participation in any required assessments which information shall include a policy, procedure, or parental right to opt the child out of such assessment, where applicable.
2. Testing Information: The school shall make widely available through public means (including by posting in a clear and easily accessible manner on the school's website and, where practicable, on the website of each school served by the school) for each grade served by the school, information on each test or assessment required by ESSA 20 USC § 6311, other assessments required by the State, and where such information is available and feasible to report, assessments required by the local educational agency, including:
       A. The subject matter to be assessed; the purpose for which the assessment is designed and used; the source of the requirement for the assessment; and, if available, the amount of time the students will spend taking the assessment, the schedule for the assessment, and the time and format for disseminating test results.

English Learner Program Notices
1. Initial Program Notice: The school shall, not later than thirty (30) days after the beginning of the school year, inform a parent of an English learner identified for participation or participating in such a program of:
      A. The reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program;
      B. The child's level of English proficiency, how such level was assessed, and the status of the child's academic achievement;
      C. The methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;
      D. How the program in which their child is, or will be, participating will meet the educational strengths and needs of their child;
      E. How such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;
      F. The specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school (including four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools;
      G. In the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in Section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)); and
      H. Information pertaining to parental rights that includes written guidance—
              (i) Detailing the right of parents to have their child immediately removed from such program upon their request;
              (ii) Detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and
              (iii)Assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity.

2. Program Notice During school Year: For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the school shall notify the children's parents during the first two (2) weeks of the child being placed in a language instruction educational program consistent with subparagraph (1), above.
3. Parental Participation: The school shall provide the parents of English Learners information regarding how the parents can: be involved in the education of their children; be active participants in assisting their children to attain English proficiency; achieve at high levels within a well-rounded education; and meet the challenging State academic standards expected of all students; and shall implement an effective means of outreach to parents of the above include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of English Learners.
4. Program Exclusion and Admission: A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status.

Parent and Family Engagement
Parents shall be notified of the parent and family engagement policy as outlined in 2420-2420P, in an understandable and uniform format and, to the extent practicable, in a language the parents can understand. Such policy shall be made available to the local community and updated periodically to meet the changing needs of parents and the school.

Education of Homeless Children and Youths
1. The school shall provide written notice, at the time any homeless child or youth seeks enrollment in a school, and at least twice annually while the child or youth is enrolled in the school, to the parent or guardian of the child or youth (or, in the case of an unaccompanied youth, the youth), which shall be signed by the parent or guardian, that:
      A. Sets forth the general rights provided by the McKinney-Vento Act as set forth in school Policy No. 3060; and
      B. Specifically states:
            i. The choice of schools homeless children and youths are eligible to attend;
            ii. That no homeless child or youth is required to attend a separate school for homeless children or youths;
            iii. That homeless children and youths shall be provided comparable services, including transportation services, educational services, and meals through school meals programs;
            iv. That homeless children and youths should not be stigmatized by school personnel; and
            v. Includes contact information for the local liaison for the homeless children and youths.

2. In the case of an unaccompanied homeless youth, the school shall ensure that the homeless liaison assists in placement or enrollment decisions, considers the views of such unaccompanied youth, and provides notice to such youth of the right to appeal.
    The school shall ensure that public notice of the educational rights of homeless children is disseminated where such children and youths receive services, such as family shelters and soup kitchens.

Persistently Dangerous schools
A “persistently dangerous school” is defined as a school which, for three consecutive years, meets the following criteria:
1. In each of the three consecutive years, there is one instance of: suicide; sexual offense; or kidnapping; or
2. The school exceeds an expulsion or student conviction rate of: 1 % of the student body; or three students, whichever number is greater, for violent criminal offenses or for violations of federal or state gun free schools requirements on school property or at a school sponsored event while school is in session.
3. For the purposes of this definition, a “violent criminal offense” is defined as conduct which could be charged as a felony or misdemeanor involving the threat of or actual physical injury, a sexual offense, homicide, rape, robbery, aggravated assault, aggravated battery, stalking, first degree kidnapping or aggravated arson.

If a school is identified by the state as a “persistently dangerous school,” the Principal, or designee, shall ensure the following actions are accomplished in a timely manner:
1. Notify the parents of all students attending the school that the state has identified the school as persistently dangerous. Notification to the parents must occur within ten school days from the date the state provided such notice to the school.
2. Offer all students in such school the opportunity to transfer to a safe public school. If there is no other school, the school is encouraged, but not required, to explore other options such as an agreement with a neighboring district to accept transfer students. The offer to transfer students should occur within 20 school days from the time the school received notice from the state.
3. For those students who accept the offer, the transfer should be completed within 30 school days from the date the school notified the affected parents.
4. Parental notification regarding the status of the school and the offer to transfer student may be made simultaneously.
5. For student(s) choosing a transfer:
      a. Students should be transferred to a school that is not identified as being in need of improvement, corrective action, or restructuring.
      b. Transfers may be temporary or permanent, but must be in effect as long as the school is identified by the state as persistently dangerous.
      c. In the event there is no other qualifying school to accept the transferring student(s), the Principal should explore other options, such as an agreement with a neighboring district to accept the student(s). (See, Idaho Code §§ 33-1402, 33-1404.)

School Intervention Action Plan: For any school identified as “persistently dangerous” for two consecutive years, the school shall identify the problems and implement a written intervention action plan to ensure a safe school environment for students, faculty, and other school employees. Within 30 days of being notified, the intervention action plan shall be submitted to the State Department of Education (SDE) for approval. SDE will monitor the school progress.

Safe School Option for Victims:
If a student is a victim of a violent criminal offense while attending school during normal school hours or at a school sponsored event, the school shall provide the following safe school options:
   1. Within ten school days the Principal or designee shall ensure that the student is offered the opportunity to transfer to a safe school;
   2. If there is no qualifying school, the school is encouraged, but not required, to explore other options such as an agreement with a neighboring district to accept the student.
To the extent feasible, the school will work with local victim assistance programs to determine whether they have services or funds available to help students in these circumstances. The Principal or designee should contact the office of the local county attorney to identify and locate qualified programs in the county.

Student Privacy
   1. The student privacy policies developed by the school shall provide for reasonable notice of the adoption or continued use of such policies directly to the parents of students enrolled in the school. At a minimum, the school shall provide such notice at least annually at the beginning of the school year and within a reasonable period of time after any substantive change in such policies; and offer an opportunity for the parent to opt the student out of the activity.
   2. The school shall provide reasonable notice of such existing policies to parents and guardians of students, e.g., “The Board has adopted and continues to use policies regarding student privacy, parental access to information, and administration of certain physical examinations to minors.Copies of those policies are available on request.”

Program Notices to Parents Format
The notice and information provided to parents under this policy shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents of English Learners can understand.

Cross References:
2100 Curriculum Development and Assessment
2140 Student and Family Privacy Rights
2385 English Learners Programs
2420 Parent and Family Engagement
3000 Entrance, Placement, and Transfer
3060 Education of Homeless Children
4175 Required Annual Notices

Legal References:
20 U.S.C. § 1232g, et seq. Family Education Right to Privacy Act (FERPA)
20 U.S.C. §§ 1400 – 82 Individuals with Disabilities Education Act (IDEA)
20 U.S.C. § 1414(d) Individualized education programs
20 U.S.C. § 6311, et seq. State Plans
20 U.S.C. § 6312(e) Local educational agency plans - Parents' Right to Know
20 U.S.C. § 6318 Parent and Family Involvement
20 U.S.C. § 6321 Fiscal Requirements
20 U.S.C. § 7912 Unsafe School Choice Option

Policy History
Adopted on: May 17, 2021
Revised on:
Reviewed on: