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Annual Notifications

Required Notices

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Annual Notifications

School Districts are required by federal and state laws and regulations to provide annual notices to parents and guardians, as well as students and employees in some cases. These required notifications cover topics ranging from access to student records to staff qualifications and pesticide applications.

Asbestos Management

Re-Inspection Date: July 14, 2022
As a result of the 2022 AHERA 3-year re-inspection, the following known or assumed asbestos containing building materials (ACBMs) have been identified.

Non-Friable ACBM:
Mezzanine above Gym: Cement Board and Silver Roofing Material
Friable ACBM:
No Known Friable (**Damaged Silver Roofing Area Now Potentially Friable)
All ACBM listed above were found to be in good condition and are being continually maintained in accordance with all Washington State and Federal laws.

Note: In compliance with the U.S. Environmental Protection Agency {EPA) Asbestos Hazard Emergency Act (AHERA), the above-named school district contracted with the Educational Service District 113 Workers’ Compensation Trust of Tumwater, Washington to conduct three year Asbestos re-inspection of all school buildings.
During this current inspection period, an EPA accredited asbestos inspector and management planner performed the required inspection, reassessed each category of asbestos containing building materials (ACBM), and noted any significant changes from the previous inspections. Re-inspection will assist the school district in the process of safely managing each ACBM within the district. The AHERA re-inspection report and management plans are available to the general public and can be reviewed anytime during normal school hours. As required by AHERA, a designated person is available during regular business hours to answer any questions concerning ACBM in our buildings. The designated person can be reached by contacting the school district office.

Attendance Requirements
  • Washington state law (RCW 28A.225.010) requires mandatory attendance for children ages 8 to 17 at a public school, private school, or a district-approved home school program. Children that are 6- or 7-years-old are not required to be enrolled in school. However, if parents enroll their 6- or 7-year-old, the student must attend full-time. Youth who are 16 or older may be excused from attending public school if they meet certain requirements.  

McCleary School Board Policy and Procedure 3110 and 3110P Qualification of Attendance and Placement and Policy 3122  Excused and Unexcused Absences outline the district’s policy. 

MSD is required to provide annual notice of its Attendance Policy.

Child Find and Special Education
  • The Child Find provisions of the Individuals with Disabilities Education Act (IDEA) require the school district to identify all students with suspected disabilities who might benefit from special education services. 
  • Parents and guardians are encouraged to contact their child’s school counselor or principal if they have questions about special education or if they would like to request an evaluation.

McCleary School Board  Policy and Procedure 2161 and 2161P Special Education and Related Services for Eligible Students and Policy 2162 Education of Students with Disabilities Under Section 504 of the Rehabilitation Act of 1973 outline the district’s policy on Child Find and Special Education. 

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MSD is required to provide annual notice of its Child Find Policy.

Child Nutrition Services Nondiscrimination Statements

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. 

The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

  • Mail:
    U.S. Department of Agriculture
    Office of the Assistant Secretary for Civil Rights
    1400 Independence Avenue, SW
    Washington, D.C. 20250-9410; or
  • Fax:
    (833) 256-1665 or (202) 690-7442; or
  • Email:
    program.intake@usda.gov

This institution is an equal opportunity provider.

The following employees have been designated to handle questions and complaints of alleged discrimination:

MSD School Board Policy and Procedure 6700 and 6700P Nutrition, Health, and Physical Fitness

MSD is required to provide annual notice of its Child Nutrition Program

Nondiscrimination Statement

McCleary ​​School District does not discriminate in any programs or activities on the basis of sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity, disability, or the use of a trained dog guide or service animal and provides equal access to the Boy Scouts and other designated youth groups.  

The following employees have been designated to handle questions and complaints of alleged discrimination:

Civil Rights & Title IX Coordinator: Susan Zetty, (360) 495-3514

Section 504 Coordinator: John Heley, (360) 495-3204

Gender Inclusive Schools Coordinator: Teneille Carpenter, (360) 495-3512

MSD is required to provide annual notice of its Nondiscrimination statement.

Filing a Complaint

If you believe that you or your child have experienced unlawful discrimination, discriminatory harassment, or sexual harassment at school, you have the right to file a complaint.

Before filing a complaint, you can discuss your concerns with your child’s principal, Section 504 Coordinator, Title IX Officer, Civil Rights Coordinator, or Gender Inclusive Schools Coordinator, who are listed below. This is often the fastest way to resolve your concerns.

Civil Rights & Title IX Coordinator: Susan Zetty, (360) 495-3514 szetty@mccleary.wednet.edu
Section 504 Coordinator: John Heley, (360) 495-3204 jheley@mccleary.wednet.edu
Gender Inclusive Schools Coordinator: Teneille Carpenter, (360) 495-3512 tcarpenter@mccleary.wednet.edu

Complaint to the School District

Step 1: Write Out Your Complaint

In most cases, complaints must be filed within one year from the date of the incident or conduct that is the subject of the complaint. A complaint must be in writing. Be sure to describe the conduct or incident, explain why you believe discrimination, discriminatory harassment, or sexual harassment has taken place, and describe what actions you believe the district should take to resolve the problem. Send your written complaint—by mail, fax, email, or hand delivery—to the Superintendent, Civil Rights & Title IX Coordinator: Susan Zetty, (360) 495-3514 szetty@mccleary.wednet.edu

Step 2: School District Investigates Your Complaint

Once the district receives your written complaint, the coordinator will give you a copy of the complaint procedure and make sure a prompt, and thorough investigation takes place. The superintendent or designee will respond to you in writing within 30 calendar days—unless you agree on a different time period. If your complaint involves exceptional circumstances that demand a lengthier investigation, the district will notify you in writing to explain why staff need a time extension and the new date for their written response.

Step 3: School District Responds to Your Complaint

In its written response, the district will include a summary of the results of the investigation, a determination of whether or not the district failed to comply with civil rights laws, notification that you can appeal this determination, and any measures necessary to bring the district into compliance with civil rights laws. Corrective measures will be put into effect within 30 calendar days after this written response—unless you agree to a different time period.

Appeal to the School District

If you disagree with the school district’s decision, you may appeal to the school district’s board of directors. You must file a notice of appeal in writing to the Superintendent within 10 calendar days after you received the school district’s response to your complaint. The school board will schedule a hearing within 20 calendar days after they received your appeal unless you agree on a different timeline. The school board will send you a written decision within 30 calendar days after the district received your notice of appeal. The school board’s decision will include information about how to file a complaint with the Office of Superintendent of Public Instruction (OSPI).

Complaint to OSPI

If you do not agree with the school district’s appeal decision, state law provides the option to file a formal complaint with the Office of Superintendent of Public Instruction (OSPI). This is a separate complaint process that can take place if one of these two conditions has occurred: (1) you have completed the district’s complaint, and appeal process, or (2) the district has not followed the complaint and appeal process correctly.

You have 20 calendar days to file a complaint to OSPI from the day you received the decision on your appeal. You can send your written complaint to the Equity and Civil Rights Office at OSPI:

Email: Equity@k12.wa.us ǀ Fax: 360-664-2967
Mail or hand deliver: PO Box 47200, 600 Washington St. S.E., Olympia, WA 98504-7200
For more information, contact OSPI’s Equity and Civil Rights Office at 360-725-6162/TTY: 360-664-3631 or by e-mail at equity@k12.wa.us.

Other Discrimination Complaint Options

Office for Civil Rights, U.S. Department of Education
206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ OCR Website

Washington State Human Rights Commission
1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ Human Rights Commission Website
REGULATION OF WEAPONS ON SCHOOL PREMISES

Family Educational Rights & Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232; 34CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records. See Complete FERPA Details

Parents and eligible students (students over 18 years of age) have certain rights under FERPA including:

    • The right to inspect and review the student’s education records within 45 days of the day the student’s school receives a request for access. Parents or eligible students should submit to the school’s principal or designee a written request that identifies the record(s) they wish to inspect. The principal/designee will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. In such instances, schools may charge a fee for copies.
    • 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. Parents or eligible students may ask the student’s school to amend a record on those bases. They should write the school’s principal or designee to clearly identify the part of the record they want changed, and specify why it is inaccurate. If the school decides not to amend the record as requested by the parent or eligible student, the principal/designee will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
    • The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. See 34 CFR 99.31. One of these exceptions is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the school has contracted to perform a service or function for which the school would otherwise use its own employees (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing their tasks. School officials have a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility. Upon request, a school also discloses education records without consent to officials of another school district in which a student seeks or intends to enroll.
    • The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school and/or the District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
      Family Policy Compliance Office
      U.S. Department of Education
      400 Maryland Avenue, SW
      Washington, DC 20202-5901
    • For additional information or technical assistance, you may call (202) 260-3887 or go online to the U.S. Department of Education.

    MSD  is required to provide annual notice of the Family Educational Rights & Privacy Act.

    Gender-Inclusive Schools

    In compliance with RCW 28a.642.080 we are committed to fostering an educational environment that is safe and free of discrimination for all students, regardless of sex, gender identity, or gender expression. To that end, the district recognizes the importance of an inclusive approach toward transgender and gender-expansive students with regard to key terms, communication and the use of names and pronouns, student records, confidential health and education information, communication, restroom and locker room use and accessibility, sports and physical education, dress codes and other school activities, in order to provide these students with an equal opportunity for learning and achievement.

    McCleary School District Policy 3211 is a component of the district’s responsibility to create and maintain a safe, civil, respectful and inclusive learning community and will be implemented in conjunction with comprehensive training of staff and volunteers.

    If you believe that you or your child have experienced unlawful discrimination or harassment at school based on gender expression, identity, or sex you can discuss your concerns with your child’s principal or with the District’s Gender Inclusive Schools Coordinator : Teneille Carpenter, (360) 495-3512

    Harassment, Intimidation, and Bullying

    The district is committed to a safe and civil educational environment for all students, employees, parents/legal guardians, volunteers, and patrons that is free of harassment, intimidation, or bullying (HIB).

    HIB is any intentionally written message or image (including those that are electronically transmitted), verbal, or physical act, including but not limited to one shown to be motivated by race, color, religion, ancestry, national origin, gender, sexual orientation including gender expression or identity, mental or physical disability or other distinguishing characteristics, when an act:

    • Physically harms a student or damages the student’s property
    • Has the effect of substantially interfering with a student’s education
    • Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment
    • Has the effect of substantially disrupting the orderly operation of the school

    MSD School Board Policy 3207 Prohibition of Harassment, Intimidation, and Bullying

    (See Filing a Complaint)

    HIB Compliance Officer: Susan Zetty, 360-495-3204, szetty@mccleary.wednet.edu

    MSD is required to provide annual notice of its Harassment, Intimidation, and Bullying policy

    Highly Capable Program

    Services for students qualified as Highly Capable are provided for students K-12. For information on the MSD Highly Capable program, refer to the district webpage (https://mccleary.wednet.edu/highly-capable-program/). Parents of students in grades K-7 receive information about the student identification process in the fall, as well as notification before tests are administered. Parents of eligible students will be asked for permission before services are implemented.

    MSD School Board Policy 2166 Highly Capable Program

    MSD is required to provide annual notice of its Highly Capable Program.

    Individuals with Disabilities Education Act (IDEA)

    Under the Individuals with Disabilities Education Act (IDEA), parents of children with disabilities must receive a copy of procedural safeguards one time a year (and upon initial referral or parental request for an evaluation) and upon filing a request for due process hearing, the filing of a first request for a due process hearing, a disciplinary action constituting a change in placement, and at the request of a parent.  For information or to request a copy please contact

    Shawna Sturges
    360-495-3507
    ssturges@mccleary.wednet.edu

    MSD School Board Policy 2162 Education of Students with Disabilities Under Section 504 of the Rehabilitation Act of 1973

    Internet Use

    The McCleary School District Board of Directors recognizes that an effective public education system develops students who are globally aware, civically engaged, and capable of managing their lives and careers. The board also believes that students need to be proficient and safe users of information, media, and technology to succeed in a digital world.

    To help ensure student safety and citizenship in online activities, all students will be educated about appropriate online behavior, including interacting with other individuals on social networking websites and in chatrooms and cyberbullying awareness and response.

    McCleary students may have supervised access to the internet while at school. Use of the internet by students and staff of McCleary School District shall be in support of education and research that is consistent with the District’s School Improvement Plan. In order for students to have access to the internet while at school, it is necessary for students to complete the Student User Internet Access Release Form and return it to their classroom teacher. Access to the internet may be revoked by a teacher or the principal if a student violates the standards of use described in the form.

    MSD School Board Policy 2022, 2023, and 3245 outline the district’s policy on electronic resources.

    McKinney-Vento Act

    The McKinney-Vento Act is a federal law that makes sure children and youth who do not have permanent housing can go to school and preschool. It gives children and youth rights to enroll in school, stay in school, get transportation to/from school, and access school lunch programs.

    The McKinney-Vento Act defines homeless children as “individuals who lack a fixed, regular, and adequate nighttime residence.” The act provides examples of children who would fall under this definition: Children and youth sharing housing due to loss of housing, economic hardship, or a similar reason

    • Children and youth living in motels, hotels, trailer parks, or campgrounds due to a lack of alternative accommodations
    • Children and youth living in emergency or transitional shelters
    • Children and youth abandoned in hospitals
    • Children and youth whose primary nighttime residence is not ordinarily used as a regular sleeping accommodation (e.g. park benches, etc.)
    • Children and youth living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations
    • Migratory children and youth living in any of the above situations

    If you become aware of students who may qualify for services under the McKinney-Vento Act or are in need of services for students in your family, please contact:

    Hayley Mason
    360.360.495.3205
    hmason@mccleary.wednet.edu

    Parent and Student Rights in Administration of Surveys, Analysis or Evaluations of Federal Programs

    MSD School Board Policy 3232 outlines the district’s policy on Parent and Student Rights in Administration of Surveys, Analysis or Evaluations of Federal Programs  

    All instructional materials, including supplementary materials and teachers manuals, used with any survey, analysis or evaluation in a program or project supported by federal funds are available for inspection by parents and guardians.

    No student will be required as part of any project or program supported by federal funds to submit to a survey, analysis or evaluation that reveals information concerning:

    1. Political affiliations;
    2. Potentially embarrassing mental or psychological problems;
    3. Sexual behavior and attitudes;
    4. Illegal, anti-social, self-incriminating or demeaning behavior;
    5. Critical appraisals of close family members;
    6. Privileged or similar relationships;
    7. Religious practices, affiliations, or beliefs of the student or student’s parent; or
    8. Income other than information necessary to establish eligibility for a program; without the prior consent of adult or emancipated students, or written permission of parents.

    The district will make arrangements to protect student privacy during the administration of surveys and the collection, disclosure or use of personal information for marketing, sales or other distribution purposes.

    MSD is required to provide annual notice of its Parent and Student Rights in Administration of Surveys, Analysis or Evaluations of Federal Programs

    Sexual Harassment

    Students and staff are protected against sexual harassment by anyone in any school program or activity, including on the school campus, on the school bus, or off-campus during a school-sponsored activity.

    Sexual harassment is unwelcome behavior or communication that is sexual in nature when:

    • A student or employee is led to believe that he or she must submit to unwelcome sexual conduct or communications in order to gain something in return, such as a grade, a promotion, a place on a sports team, or any educational or employment decision.
    • The conduct substantially interferes with a student’s educational performance or creates an intimidating or hostile educational or employment environment.

    Examples of sexual harassment include:

    • Pressuring a person for sexual favors.
    • Unwelcome touching of a sexual nature.
    • Writing graffiti of a sexual nature.
    • Distributing sexually explicit texts, e-mails, or pictures.
    • Making sexual jokes, rumors, or suggestive remarks.
    • Physical violence, including rape and sexual assault.

    MSD Policy 3205 and 5011 outline the district’s policies against sexual harassment.Report sexual harassment to any school staff member or the MSD Civil Rights & Title IX Coordinator: Susan Zetty, (360) 495-3514

    MSD is required to provide annual notice of its Prohibition Against Sexual Harassment Policy.

    Prohibition of Weapons on School Premises

    Possession of firearms on school property will result in a one-year mandatory expulsion, subject to appeal with notification to parents and law enforcement. (RCW 28A.600.420)

    MSD School Board Policies 3241 and 4210 outline the district’s policy on weapons on school premises. 

    MSD is required to provide annual notice of its Weapons on School Premises Policy

    Public Records

    Pursuant to RCW 42.17, parents and other members of the public have the right to inspect and copy public records retained by the District, including records pertaining to employee discipline, unless the records are exempt from public disclosure under state law. To request records, contact the District Office at 360-495-3184.

    Report Card from OSPI

    Each year Washington State’s Office of Superintendent of Public Instruction provides a “report card” which shows a breakdown of the district’s performance on state assessments, the district’s on-time graduation rate, and other various data. Access the information at OSPI’s website (https://bit.ly/2zlcxZG)

    MSD is required to provide annual notice of the  OSPI Report Card

    Learning by Choice Student Enrollment Options in Washington State
    TITLE I Schools: Every Student Succeeds Act (ESSA)

    If you are a parent of a student at a school that receives Title 1 funds, you have the right to know the professional qualifications of the classroom teachers who instruct your child. Federal law allows you to ask for certain information about your child’s classroom teachers and requires a district to give you this information in a timely manner if you ask for it. Specifically, you have the right to ask for the following information:

    • Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
    • Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived.
    • The baccalaureate degree major of the teacher and any other graduate certification or degree held by the teacher, and the field of discipline of the certification or degree.
    • Whether any teachers’ aides or similar paraprofessionals provide service to your child and, if they do, their qualifications.

    If you would like to receive any of this information, please contact the District Office at 360-495-3184.

    MSD is required to provide annual notice of the right to know the qualifications of teachers.

    Title IX

    McCleary School District complies with all federal and state rules and regulations and does not discriminate in education programs, services, and activities. Inquiries regarding compliance and/or grievance procedures may be directed to the school district’s Civil Rights & Title IX Coordinator: Susan Zetty, 360-495-3514

    Washington State Governor's Office of the Education Ombuds (OEO)

    The Washington State Governor’s Office of the Education Ombuds (OEO) is an independent state agency that helps to reduce educational opportunity gaps by supporting families, students, educators, and other stakeholders in communities across WA in understanding the K-12 school system and resolving concerns collaboratively. OEO services are free and confidential. Anyone can contact OEO with a question or concern about school. 

    OEO listens, shares information and referrals, and works informally with families, communities, and schools to address concerns so that every student can fully participate and thrive in our state’s public schools. OEO provides support in multiple languages and has telephone interpretation available. To get help or learn more about what OEO does, please visit the website: https://www.oeo.wa.gov/en; email oeoinfo@gov.wa.gov, or call: 1-866-297-2597 (interpretation available).