Right to Know Policy

600. OPERATIONS

601. RIGHT-TO-KNOW POLICY

Date Adopted: 4/17/02
Revised: 11/19/08

1. Background

On February 14, 2008, the Governor signed Pennsylvania’s new Right-to-Know Law, Act 3 of 2008. The final portions of the new Right-to-Know Law became effective as of January 1, 2009.

The Board of Trustees of the Math, Science & Technology Community Charter School (“MaST”) has elected to enact this policy and procedure to allow early implementation of the Open Records Law.

Language in this Policy has been drafted taking into consideration the Right-to-Know Law and information available from and through the Office of Open Records and Pennsylvania Department of Education. Nothing in this policy shall be construed to conflict with applicable state and/or federal laws, including but not limited to the Right-to-Know Law and any and all applicable common law and cases developing from the Right-to-Know Law and/or interpreting the Right-to-Know Law. In the event the Right-to-Know Law is amended or otherwise revised, this Policy shall be interpreted to incorporate any revisions or changes to the Right- to-Know Law without the need for Board action.

2. Definitions

Denial of a Request:

A request is deemed denied if one of the following conditions occurs: (i) the Open Records Officer receiving a written Open Records Request fails to respond within the initial 5 business-day period; (ii) the Open Records Officer extends the 5 business-day period by up to 30 calendar-days, but then fails to respond by the end of that extended period; or (iii) the Open Records Officer notifies the Requester that it requires additional time to respond in excess of the permitted 30 calendar-day period.

Mailing:

The mailing date shall be the date affixed to a response to a request for access to records, which is to be the date the response is deposited in the United States Mail or, for a person submitting a request or exceptions, the date of the postmark on the envelope transmitting the request or exceptions.

Open Records Officer:

The Open Records Officer for MaST shall be the Chief Executive Officer. In the event that a new Chief Executive Officer is named by the Board, that official shall assume the role and duties of the Open Records Officer without the need for further Board Action.

Open Records Request for Public Documents:
An Open Records Request is defined as either (i) a written request submitted to the Open Records Officer asking for access to a Record, a copy of a Record or information purported to be in the possession of the School; or (ii) a written request (but not Exceptions or appeal) presented to the Open Records Office that invokes the Act.

Public Record:

For purposes of this policy, a record of MaST is public provided the record is not:

1. exempt under the right to Know Law;
2. exempt from being disclosed under any other Federal or State law or regulation or judicial order or decree; or
3. protected by a privilege.

A Record is defined as any document maintained by MaST, in any form, whether public or not.

Requester:

A Requester is a person that is a legal resident of the United States and requests a record pursuant to the Right-to Know Law. The term includes an Agency.

Response:
The Open Records Officer’s response may be either (i) the act of providing the Requester with access to a record, or (ii) the Open Records Officer’s written notice granting, denying or partially granting and partially denying access to a record.

The function of the Open Records Officer is to receive all Open Records Requests directed to MaST; to coordinate the preparation of a Response; to track the progress in responding to Right-to-Know Requests; and, to prepare interim and final Responses to Requests in compliance with the Right-to-Know Law

Public Records Access Room:

MaST may designate a Public Records Access Room. The function of a Public Records Access Room is to provide a specific established site where Requesters may have physical access to some or all of the school’s Public Records. If the Board elects not to establish such a room, the Open Records Officer shall determine on an ad hoc basis the building and room where Public Records will be made available to a Requester and the hours of availability.

In either instance the Open Records Officer has the discretion to establish procedures that govern the use of that room including, but not limited to, the hours of access, the need and adequacy of proof of identification, restrictions or prohibitions on the removal of Records, the use of written requests and the ability of a Requester to bring his or her own photocopying or other equipment into the room.

3. Procedure for Requesting Records

A. Requests.

(1) Oral requests. The Right-to-Know Act does not require that MaST respond to oral requests. The Open Records Officer shall refuse to accept any oral request.

(2) Anonymous requests. The Right-to-Know Act does not require that MaST respond to Anonymous requests. The Open Records Officer shall refuse to accept any written request that does not identify the Requester.

(3) Non-anonymous written requests. The Act requires that Open Records Officer act upon each non-anonymous written request when such request is submitted in person, by mail, or by facsimile or e-mail.

(a) Contents of a request. The Act sets forth various specifications for the contents of a written request. The Right-to-Know Act requires that the requester submit a request in writing to the Open Records Officer on a form to be provided by the Open Records Officer or on the Official form issued by the Office of Open Records. The request must be addressed to the Open Records Officer and must set forth the name and address where MaST should address its response. The request should identify or describe the Records sought with sufficient specificity to enable the School to ascertain which Records are being requested. The written request may be submitted in person, by mail, facsimile or email. Any MaST Employee or Board Member who receives a request directed to the Open Records Officer shall immediately forward that request to the Open Records Officer.

The Act provides that the Requester need not include the reason for the request or the intended use of the Records. Therefore, the School shall not insist that such a statement be provided, nor shall it reject or refuse a request on the grounds that no such reason was given.

(b) Forms. The School may create or adopt forms for use by Requesters in preparing written requests. In the absence of a form created by MaST, the Open Records Office’s official Form must be used.

(4) Identification:. The Act provides that the School provide a Requester with access to a Public Record if the Requester is a legal resident of the United States. MaST may require that the Requester produce photographic identification, to the extent allowed by the Right-to-Know Law.

B. Submittal of Open Records Requests.

All Open Records Requests are to be addressed to:

Office of the Chief Executive Officer
MaST Community Charter School
1800 East Byberry Road
Philadelphia, PA 19116

The School shall post this information on its website and shall post it at a location that is publicly accessible.

C. Duty to Provide a Prompt Response to an Open Records Request.

(1) Five (5) business-day period. Section 3.3(a) of the Act provides that, upon receipt of a written Open Records Request, the School must make a good faith effort to determine if the requested Record is a Public Record and to respond as promptly as possible under the circumstances existing at the time of the request, and that this time shall not exceed five (5) business days from the date the written request is received by the School’s Open Records Officer.

(2) The five (5) business day period does not begin to run until the School’s designated Open Records Officer has received a request. If an Open Records Request is submitted to the School or to some Officer or employee of the School other than the Open Records Officer, the five (5) business day period has not yet begun.

(3) The Act provides that either a final or an interim written response must be made within five (5) business days from the date that the Open Records Officer received the request. If the Open Records Officer fails to respond within that time period, the Open Records Request is deemed denied.

(4) 30 calendar-day extension period. Although, in general, the Act and this Policy contemplates that Requesters will receive a Response within the five (5) business day period, it also provides the School with certain specific exceptions to invoke a single extension of time, which may not exceed 30 calendar days. If an extension is invoked and then there is no timely Response, the Open Records Request is deemed denied. Likewise, if the Open Records Officer notifies the Requester that it needs more than the maximum of 30 days, the request is deemed denied.

D. Processing of Open Records Requests by the Open Records Officer.

(1) Upon receiving an Open Records Request, the Open Records Officer shall, at a minimum, promptly complete the following tasks:

(a) Date-stamp the Open Records Request or otherwise note the date of receipt on the Open Records Request.

(b) Compute the day on which the five (5) business day period will expire and make a notation of that date.

(c) Make a paper copy of the Open Records Request, including all documents submitted with it and the envelope (if any) in which it was received.

(d) Create an official file for the retention of the original Open Records Request.

(e) Record the Open Records Request in the system used by the School for tracking Open Records Requests.

(f) Make a good faith effort to determine if the record requested is a public record and if MaST has possession, custody or control of the record.

(g) Maintain a copy of MaST’s response to the request.

(2) For purposes of determining the five (5) business-day period:

(a) A business day shall be from 9:00 a.m. until 4:00 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday, except those days when the offices of the School are closed for all or part of a day due to a holiday; due to severe weather (such as a blizzard or ice storm); due to natural or other disaster; or due to the request or direction of local, state, or federal law enforcement officers.

(b) Any Open Records Request received by the Open Records Officer after the close of its regular business hours shall be deemed received by that office on the following business day.

(c) For purposes of determining the end of the five (5) business day period, the day that an Open Records Request is received (or deemed received) is not counted. The first day of the five (5) business day period is the School’s next business day.

E. Responses.

(1) The act of providing a Requester with physical access to a document or a copy of the requested Record, in the Open Records Office, is a “Response” for purposes of this Open Records Policy. Unless the School issues written policies to the contrary, only the Open Records Officer possesses the authority to permit this access.

(2) Where timely access is not provided in accordance with Paragraph (1) above, the Act requires that the School’s Response be in writing. The Open Records Officer has the duty to prepare and send written Responses. In preparing a written Response, the Open Records Officer should consult, as necessary, with the Solicitor.

(3) The School is not required to create a Public Record that does not already exist, nor is the School required to compile, maintain, format, or organize a Public Record in a manner in which the School does not currently do so. The Open Records Officer may respond to a records request by notifying the Requester that the record is available through publically accessible electronic means or that the Charter School will provide access to inspect the record electronically. If the Requester is unwilling or unable to access the record electronically, the Requester may, within thirty days following receipt of the notification, submit a written request to the Open Records Officer to have the record converted to paper. The Charter School shall provide access to the record in printed form within five days of the receipt of the written request for conversion to paper.

(4) The Open Records Office shall send written Responses to Requesters by one of the following, in its discretion: United States mail, facsimile transmission; electronic transmission; overnight or parcel delivery service; or, courier delivery.

F. Physical Access to Public Records.

(1) The Act requires that, unless otherwise provided by law, a public record, financial record or legislative record shall be accessible for inspection and duplication in accordance with the Right-to-Know Law and this Policy. The records will be made accessible to the Requester during the regular business hours of the School. Unless the School adopts written policies to the contrary, the regular business hours of the School for purposes of the Act are from 9:00 a.m. until 4:00 p.m. on any business day.

(2) Access shall be provided by the Open Records Officer either in the Open Records Office or the Public Records Access Room, at the discretion of the Open Records Officer, depending on the size, complexity or other circumstances of the request.

G. Interim Written Responses/Notice of Review

(1) The Act requires that the School must provide a Response to an Open Records Request within five (5) business days unless one or more specific conditions are satisfied and the School gives the Requester written notice that additional time will be required. That notice is referred to as an “Interim Response.”

(2) The written notice shall include a statement notifying the Requester that the request for access is being reviewed, the reason for the review, a reasonable date that a response is expected to be provided and an estimate of applicable fees owed when the record becomes available. If the date that a response is expected to be provided is in excess of 30 days, following the five business days allowed for in the Right-to-Know Law, the request for access shall be deemed denied unless the Requester has agreed in writing to an extension to the date specified in the notice. If the requester agrees to the extension, the request shall be deemed denied on the day following the date specified in the notice provided by the Charter School.

(3) The circumstances in which the School may send a written interim notice to the Requester are as follows:

(a) the request for access requires redaction of a record in accordance with the Right to Know Law;

(b) the request for access requires the retrieval of a record stored in a remote location;

(c) a timely response to the request for access cannot be accomplished due to bona fide and specified staffing limitations;

(d) a legal review is necessary to determine whether the record is a record subject to access under this act;

(e) the Requester has not complied with the agency’s policies regarding access to records;

(f) the Requester refuses to pay applicable fees authorized by this act; or

(g) the extent or nature of the request precludes a response within the required time period.

H. Written Final Responses.

(1) Types of final Responses. The Act provides for three types of written final Responses:

(a) The School grants the entire Open Records Request.

(b) The School refuses the entire Open Records Request.

(c) The School grants part of the Open Records Request and refuses the remainder.

(2) Deemed Denials. The failure of the School to make a timely final Response is a Deemed Denial under the terms of the Act.

(3) Final Responses that deny Open Records Requests, either in whole or in part shall be in writing by the Open Records Officer and include all of the following:

(i) A description of the record requested.

(ii) The specific reasons for the denial, including a citation of
supporting legal authority.

(iii) The typed or printed name, title, business address,
business telephone number and signature of the Open
Records Officer on whose authority the denial is issued.

(iv) Date of the response.

(v) The procedure to appeal the denial of access under the
Right-to-Know Law and the name and mailing address of the Open Records Exceptions Office.

(4) Inaction by the School is not a Response, even when it results in a deemed denial.

I. Redaction

A Record shall be redacted when parts of the Record are subject to access and parts of the Record contains information that is not subject to access. The MaST Charter School shall grant access to the information which is subject to access and deny access to the information, which is not subject to access. If the information which is not subject to access is an integral part of the public record, legislative record or financial record and cannot be separated, the MaST Charter School shall redact from the record the information which is not subject to access, and the response shall grant access to the information which is subject to access. The MaST Charter School may not deny access to the record if the information which is not subject to access is able to be redacted. Information which MaST Charter School redacts in accordance with the Right-to-Know Law shall be deemed a denial under the Right-to-Know Law.

Redaction shall be performed in such a way as to maintain the confidentiality or security of the protected information.

J. Duplication of Public Records.

(1) A Public Record shall be accessible for duplication by a Requester. The School does not make duplication equipment available to a Requester but shall provide other means by which a Requester may obtain copies, through School personnel.

(2) The School will assign its own staff to make the duplications requested by the Requester; or it may contract for duplication services and require that the Requester pay the contractor for those services. The School shall charge the Requester a reasonable fee(s) that is consistent with the prevailing charges in the geographic location where the duplication occurs and/or the requirements in the Right-to-Know Law.

4. Appeals

A. Right to file an Appeal.

(1) If a Request is denied or deemed denied, whether in whole or in part, the Requester has the right to file an Appeal with the Office of Open Records or judicial, legislative or other appeals officer designated under the Right-to-Know Law within 15 business days of the mailing date of the MaST response or within 15 business days of a deemed denial. The appeal shall state the grounds upon which the Requester asserts that the record is a public record, legislative record or financial record and shall address any grounds stated by MaST for delaying or denying the request.

(2) Unless otherwise provided by applicable law, the Office of Open Records shall assign an appeals officer to review the denial.

(3) A person other than MaST or Requester with a direct interest in the record subject to an appeal under this section may, within 15 days following receipt of actual knowledge of the appeal but no later than the date the appeals officer issues and order, file a written request to provide information or to appear before the appeals officer or to file information in support of the Requester’s or MaST’s position. Copies of the written request shall be sent to the agency and the Requester.

5. Posting:

The following information shall be posted at MaST and, if MaST maintains an Internet website, on the Internet website:

(1) Contact information for the Open-Records Officer.

(2) Contact information for the Office of Open Records or other applicable appeals officer.

(3) A form which may be used to file a request.

(4) Regulations, policies and procedures of MaST relating to
the Right-to-Know Law.

Current Information for the Office of Open Records:

Physical Address:
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, Plaza Level
Harrisburg, PA 17120-0225

Mailing Address:
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, PA 17120-0225

Phone: 717-346-9903
Fax: 717-425-5343
Email: openrecords@state.pa.us
Executive Director: Terry Mutchler

6. Special Considerations:
a. Disruptive requests.
MaST may deny a Requester access to a record if the Requester has made repeated requests for that same record and the repeated requests have placed an unreasonable burden on MaST. Such denial shall not restrict the ability to request a different record.
b. Disaster or potential damage.
MaST may deny a Requester access:
(i) when timely access is not possible due to fire, flood or other disaster; or
(ii) to historical, ancient or rare documents, records, archives and manuscripts when access may, in the professional judgment of the curator or custodian of records, cause physical damage or irreparable harm to the record.
To the extent possible, the contents of such a record shall be made accessible to a Requester even when the record is physically unavailable.
c. Third Parties
If, in response to a request, MaST produces a record that is not a public record, legislative record or financial record, MaST shall notify any third party that provided the record to the agency, the person that is the subject of the record and the Requester. MaST shall notify a third party of a request for a record if the third party provided the record and included a written statement signed by a representative of the third party that the record contains a trade secret or confidential proprietary information. Notification shall be provided within five business days of receipt of the request for the record. The third party shall have five business days from receipt of notification from the agency to provide input on the release of the record. MaST shall deny the request for the record or release the record within ten business days of the provision of notice to the third party and shall notify the third party of the decision.

7. Duplication of Public Records:

(a) A Public Record shall be accessible for duplication by a Requester. MaST does not make duplication equipment available to a Requester but shall provide other means by which a Requester may obtain copies.

(b) MaST will assign its own staff to make the duplications requested by the Requester; or it may contract for duplication services and require that the Requester pay the contractor for those services. MaST shall charge the Requester a reasonable fee(s) that is consistent with the prevailing charges in the geographic location where the duplication occurs.

8. Retention and Disposal of Public Records

There are statutes, regulations and other laws that regulate the School’s retention and disposition of Records. The School shall follow the mandates of these laws and regulations. Neither the Act nor this policy modifies, rescinds or supersedes any retention or disposition schedule established pursuant to law or other regulation.

9. Fees and Charges

(A) Reasonable Fees and charges as permitted by the Right-to-Know Law shall be established by the Board via Resolution and Established Fee Structure attached to this policy. The Board-approved list of fees shall be available for review by Requesters. The Board of Trustees may amend the fees structure from time to time as appropriate, using the fee structure recommended by the Office of Open Records..

(B) The Act requires that, in various circumstances, the School shall redact information from records. The Act provides that additional fees may be imposed if the School necessarily incurs costs for complying with a request. However, such fees must be reasonable. The Open Records Officer may establish such fees, depending upon the volume and complexity of the Records requested and consistent with the Law.

(C) All checks will be made payable to “MaST Community Charter School.” If the fee is for copying only, and the anticipated cost exceeds $100.00, the School may allow access to the Records but shall refuse to make copies until the fee is paid. If the fee is for redaction or some other service that is necessary in order for access to be provided, the School may deny access until the fee is paid. At no time will the School accept cash as a method of payment.

(D) MaST shall not charge a fee for review of a record to determine whether the record is subject to access.

(E) All copies must be retrieved by the Requester within ninety (90) days of the MaST response or MaST may, in the discretion of the Open Records Officer and to the extent allowed by law, dispose of copies made. The Requester remains responsible for fees incurred to the extent allowed by the Right-to-Know Law.

(F) The Open Records Officer may waive fees set by the Board on a case by case basis consistent with the applicable state and federal law.

TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS CONTROL.
MATH, SCIENCE & TECHNOLOGY COMMUNITY
(MAST) CHARTER SCHOOL

RIGHT-TO-KNOW REQUEST FORM
DATE REQUESTED:
REQUEST SUBMITTED BY: E-MAIL U.S. MAIL FAX IN-PERSON
NAME OF REQUESTER:______________________________________
STREET ADDRESS:_____________________________________________
CITY/STATE/COUNTY(Required):_______________________________________
TELEPHONE (Optional):___________________________________________________
RECORDS REQUESTED: *Provide as much specific detail as possible so the agency can identify the information.

DO YOU WANT COPIES? YES or NO
DO YOU WANT TO INSPECT THE RECORDS? YES or NO
DO YOU WANT CERTIFIED COPIES OF RECORDS? YES or NO

OPEN RECORDS OFFICER: Chief Executive Officer
Math, Science & Technology Community
(MaST) Charter School
1800 East Byberry Road
Philadelphia, PA 19116
Fax: (267) 348-1218

DATE RECEIVED BY MATH, SCIENCE & TECHNOLOGY COMMUNITY (MAST) CHARTER SCHOOL:
MATH, SCIENCE & TECHNOLOGY COMMUNITY (MAST) CHARTER SCHOOL FIVE (5) BUSINESS-DAY RESPONSE DUE:
*If the requester wishes to pursue the relief and remedies provided for in the Right-to-Know Law, the request must be in writing. (Section 702.) Written requests need not include an explanation as to why information is sought or the intended use of the information unless otherwise required by law. (Section 703.)

Math, Science & Technology Community (MaST) Charter School
Right-to-Know Law Request Fee Structure

The Right-To-Know law requires the establishment of a fee structure. The Math, Science & Technology Community (MaST) Charter School establishes the following fee structure in accordance with the Law and has derived this structure upon review of the Open Records Office’s Recommended Structure. The Law requires that the Office of Open Records review the fee structure biannually. Any updates will be posted by Math, Science & Technology Community (MaST) Charter School.
Fee Structure
Record Type Fee

Copies:
(A “photocopy” is either a single-sided copy or one side of a double-sided black-and-white copy of a standard 8.5” x 11” page) $0.25 per page.

Certification of a Record: $1.00 per record. Please note that certification fees do not include notarization fees.

Specialized documents:
(For example, but not limited to, blue prints, color copies, non-standard sized documents) Actual Cost of Math, Science & Technology Community (MaST) Charter School

Facsimile/Microfiche/Other Media: Actual Cost of Math, Science & Technology Community (MaST) Charter School

Conversion to Paper: If a record is only maintained electronically or in other non-paper media, duplication fees shall be limited to the lesser of the fee for duplication on paper or the fee for duplication in the original media unless the Requester specifically requests for the record to be duplicated in the more expensive medium. (Sec. 1307(e)).

Postage Fees: Fees for Postage May Not Exceed the Actual Cost of Mailing to the Math, Science & Technology Community (MaST) Charter School

Other Allowable Fees: Actual Cost to Math, Science & Technology Community (MaST) Charter School
Please Also Be Advised in regard to the Right-to-Know Law Fee Structure:
Statutory Fees: If a separate statute authorizes the Math, Science & Technology Community (MaST) Charter School to charge a set amount for a certain type of record, the Math, Science & Technology Community (MaST) Charter School may charge no more than that statutory amount.

Inspection of Redacted Records: If a Requester wishes to inspect rather than receive a copy of a record and the record contains both public and non-public information, the Math, Science & Technology Community (MaST) Charter School shall redact the non-public information. Math, Science & Technology Community (MaST) Charter School may not charge the Requester for the redaction. However, the Math, Science & Technology Community (MaST) Charter School may charge for the copies it must make of the redacted material in order for the Requester to view the public record. The fee structure outlined above will apply. If, after inspecting the records, the Requester chooses to obtain the copies, no additional fee may be charged.

Enhanced Electronic Access: If Math, Science & Technology Community (MaST) Charter School offers enhanced electronic access to records in addition to making the records accessible for inspection and duplication by a Requester, the Math, Science & Technology Community (MaST) Charter School may establish user fees specifically for the provision of the enhanced electronic access, but only to the extent that the enhanced electronic access is in addition to making the records accessible for inspection and duplication by a Requester as required by the Right-to-Know Law. The user fees for enhanced electronic access may be a flat rate, a subscription fee for a period of time, a per-transaction fee, a fee based on the cumulative time of system access or any other reasonable method and any combination thereof. The user fees for enhanced electronic access must be reasonable, must be pre-approved by the Office of Open Records and shall not be established with the intent or effect of excluding persons from access to records or duplicates thereof or of creating profit for the agency. Any request is to be submitted to the:

Office of Open Records
400 North Street
Harrisburg, PA. 17120

Fee Limitations: Except as otherwise provided by statute, the law states that no other fees may be imposed unless the Math, Science & Technology Community (MaST) Charter School necessarily incurs costs for complying with the request, and such fees must be reasonable. No fee may be imposed for a review of a record to determine whether the record is a public record, legislative record or financial record subject to access. No fee may be charged for searching for or retrieval of documents. Math, Science & Technology Community (MaST) Charter School may not charge staff time or salary for complying with a Right-to-Know request.

Prepayment: Prior to granting a request for access, the Math, Science & Technology Community (MaST) Charter School may require a Requester to prepay an estimate of the fees authorized under this section if the fees required to fulfill the request are expected to exceed $100.

Once the request is fulfilled and prepared for release, the Office of Open Records recommends that the Math, Science & Technology Community (MaST) Charter School obtain the cost of the records prior to releasing the records. This recommendation is designed to avoid situations in which the Math, Science & Technology Community (MaST) Charter School provides the records and the Requester fails to submit payment.

Child Find Policy

304. CHILD FIND POLICY AND PUBLIC OUTREACH AWARENESS

Date Adopted: 12/1/07
Revised: 1/21/09
Revised: 1/19/11

In accordance with Chapter 711 of Title 22 of the Pennsylvania Code, the CEO, or his/her designee shall ensure that children with disabilities, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services.

Child find includes children who are suspected of being a child with a disability under Section 300.8 of the federal regulations that implement IDEA 2004 and in need of special education, even though they are advancing from grade to grade; and highly mobile children, including migrant children, wards of the state and parentally placed private students, as appropriate.

Public Awareness

The CEO, or his/her designee shall ensure that the following public awareness activities occur concerning programs and services for children with disabilities who are applying for enrollment at the Charter School or who attend the charter school:

The Charter School shall publish annually a written notice (attached hereto), in means accessible to the Charter School families, including, in the School’s Handbook and on the Charter School’s website. The Notice must also be made available in means accessible to the public, such as: at the Charter School’s main office, in the Charter School’s special education office, in a newspaper of general circulation, through local Intermediate Units and/or through other generally accessible print and electronic media, and with the Board meeting minutes a description of: child identification activities, of the School’s special education services and programs, of the manner in which to request services and programs, and of the procedures followed by the Charter School to ensure the confidentiality of student information pertaining to students with disabilities pursuant to state and federal law;

Outreach Activities

The CEO or his or her designee shall ensure that the following outreach activities occur concerning programs and services for children with disabilities who attend the Charter School:

  • Offer parents and family (including foster and surrogate parents) information regarding training activities and publicize the availability of such activities to all parents (trainings in the areas of behavior support, response to intervention, inclusive practices, transition, assistive technology, autism, and interagency coordination are important and parents may also be directed to PaTTAN training opportunities). Parent input is to be sought to determine what parent trainings are needed/desired;
  • Provide to interested health and mental health professionals, daycare providers, county agency personnel and other interested professionals, including: professionals and agencies who work with homeless and migrant or other highly mobile youth, wards of the state, as well as to students attending private schools (where applicable), information concerning the types of special education programs and services available in and through the Charter School and information regarding the manner in which parents can request and access those services.
  • Provide or obtain periodic training for the School’s regular education staff and special education staff concerning the identification and evaluation of, and provision of special education programs and services to students with disabilities.
  • The public outreach awareness system utilized by the charter school shall include methods for reaching homeless children, wards of the state, children with disabilities attending private schools, and highly mobile children, including migrant children.
  • The charter school shall conduct child find activities to inform the public of its special education services and programs and the manner in which to request them.
  • The charter school’s child find effort must include information regarding potential signs of developmental delays and other risk factors that could indicate disabilities.
  • Efforts must be made to identify applicants and enrolled students who have a native language other than English and to ensure that notices and other outreach efforts are available to them in their native language as required by law and unless it is clearly and absolutely not feasible to do so.

Screening

The CEO or his or her designee shall establish a system of screening in order to:

  • Identify and provide screening for students prior to referral for an initial special education multidisciplinary team evaluation;
  • Provide peer support for teachers and other staff members to assist them in working effectively with students in the general education curriculum;
  • Conduct hearing and vision screening in accordance with the Public School Code of 1949 for the purpose of identifying students with hearing or vision difficulty so that they can be referred for assistance or recommended for evaluation for special education if necessary;
  • Identify students who may need special education services and programs.
  • Maintain the confidentiality of information in accordance with applicable state and federal regulations.

Pre-Evaluation Screening

The pre-evaluation screening process shall include:

  • For students with academic concerns, an assessment of the student’s functioning in the curriculum including curriculum-based or performance-based assessments;
  • For students with behavioral concerns, a systematic observation of the student’s behavior in the classroom or area in which the student is displaying difficulty (“FBA” or functional behavior assessment);
  • An intervention based on the results of the assessments conducted;
  • An assessment of the student’s response to the intervention;
  • A determination of whether or not the assessed difficulties of the student are the result of a lack of instruction or limited English proficiency;
  • A determination of whether or not the student’s needs exceed the functional capacity of the regular education program, without special education programs and services, to maintain the student at an instructional level appropriate to the level and pace of instruction provided in that program;
  • Activities designed to gain the participation of parents;
  • Controls to ensure that if screening activities have produced little or no improvement within the specified timeframe after initiation, the student shall be referred for a multidisciplinary team evaluation.

The screening activities shall not serve as a bar to the right of a parent to request a multidisciplinary team evaluation at any time. When the completion of screening activities prior to referral for a multidisciplinary team evaluation will result in serious mental or physical harm, or significant educational regression, to the student or others, the Charter School may initiate a multidisciplinary team reevaluation without completion of the screening process. Whenever an evaluation is conducted without a pre-evaluation screening, the activities described shall be completed as part of that evaluation whenever possible.

TO THE EXTENT THAT ANYTHING IN THIS POLICY COULD BE CONSTRUED TO CONFLICT WITH THE SCHOOL’S CHARTER OR APPLICABLE STATE AND/OR FEDERAL LAWS, THE APPLICABLE STATE AND/OR FEDERAL LAWS AND/OR CHARTER CONTROL.

Anti-Bullying Policy

122. ANTI-BULLYING POLICY

Date Adopted: 11/19/08
Revised: 7/27/11
Revised: 1/14/14
Revised: 8/20/14

The Board of Trustees (“Board”) of MaST Community Charter School (“MaST”) is committed to providing a safe, positive learning environment for charter school students. The Board recognizes that bullying creates an atmosphere of fear and intimidation, detracts from the safe environment necessary for student learning, and may lead to more serious violence. Therefore, the Board prohibits bullying by MaST Community Charter School students.

Bullying means an intentional electronic, written, verbal or physical act or series of acts directed at another student or students, which occurs in a school setting or during any school-related/sponsored activity, that is severe, persistent or pervasive and has the effect of doing any of the following:

1. Substantial interference with a student’s education.
2. Creation of a threatening environment.
3. Substantial disruption of the orderly operation of the school. .

Bullying, as defined in this policy, includes cyberbullying.

School setting means in the school, on school grounds, on the school’s network or computer equipment, in charter school vehicles, at any activity sponsored, supervised or sanctioned by MaST Community Charter School.

The Board prohibits all forms of bullying by charter school students. MaST will not tolerate known acts of bullying in all school settings. Each student shall be responsible to respect the rights of others and to ensure an atmosphere free from bullying.

The Board encourages students who have been bullied to promptly report such incidents to the Disciplinarian, school principal or designee.

The Board directs that complaints of bullying shall be investigated promptly, and corrective action shall be taken when allegations are verified. Confidentiality of all parties shall be maintained, consistent with the legal and investigative obligations of the charter school. No reprisals or retaliation shall occur as a result of good faith reports of bullying. For bullying/cyberbullying that occurs outside the school setting, MaST shall take appropriate disciplinary action to the extent permitted by applicable law.

The Board directs the CEO or designee to develop administrative regulations to implement this policy and ensure that this policy and administrative regulations
are reviewed annually with students.

The CEO or designee, in cooperation with other appropriate administrators, shall review this policy every three (3) years and recommend necessary revisions to the Board. The administration shall annually provide the following information with the Safe School Report:

1. Board’s Bullying Policy.
2. Report of bullying incidents.
3. Information on the development and/or implementation of any bullying prevention, intervention or education programs.

The Code of Student Conduct, which shall contain this policy, shall be disseminated annually to students. The policy shall be posted in a prominent location within each school building and on MaST’s intranet and public website.

Education
MaST Community Charter School may develop and implement bullying prevention and intervention programs where appropriate. Such programs shall provide the charter school staff and students with appropriate training for effectively responding to, intervening in and reporting incidents of bullying.

Consequences For Violations
A student who violates this policy shall be subject to appropriate disciplinary action, which may include:

1. Counseling within the school.
2. Parental conference.
3. Loss of school privileges.
4. Transfer to another school building, classroom or school bus.
5. Exclusion from school-sponsored activities.
6. Detention.
7. Suspension.
8. Expulsion.
9. Counseling/Therapy outside of school.
10. Referral to law enforcement officials.

MaST Charter School will comply with all applicable federal and state laws relating to bullying and cyberbullying as well as the Public School Code.

Annual Public Notice of Special Education Services

ANNUAL PUBLIC NOTICE OF SPECIAL EDUCATION SERVICES
Annual Public Notice of Special Education Services and Programs and Rights for
Students with Disabilities
And
Notification of Rights under the Family Educational Rights and Privacy Act
All children with disabilities residing in the Commonwealth, regardless of the severity of their disabilities, and who are in need of special education and related services, are to be located, identified and evaluated. This responsibility is required by a federal law called the Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. 1200 et. seq. (“IDEA 2004”).
Chapter 711 of Title 22 of the Pennsylvania Code requires the publication of a notice to parents regarding public awareness activities sufficient to inform parents of Mathematics, Sciences & Technology Community Charter School (“Charter School”) children of available special education services and programs and how to request those services and programs and of systematic screening activities that lead to the identification, location and evaluation of children with disabilities enrolled in the Charter School.
In addition, the federal Family Educational Rights and Privacy Act of 1974 (FERPA), which protects confidentiality, requires educational agencies to notify parents annually of their confidentiality rights.
Charter School fulfills its duties with this annual notice and has incorporated several sections of the PaTTAN Procedural Safeguards Notice and other applicable guidelines from the Pennsylvania Department of Education into the Board-approved Child Find Notice, and Policies and Procedures described below. Charter School also directs parents to the procedural safeguards notice from PaTTAN available at the school’s main office for additional information regarding rights and services. Parents may contact Charter School’s Chief Executive Officer, John Swoyer, III, 1800 East Byberry, Road, Philadelphia, PA 19116 (267) 348-1100 at any time to request a copy of the procedural safeguards notice or with any other questions about special education, services, screenings, policies or procedures. The Procedural Safeguards Notice is provided to parents of special education students by Charter School once per school year or: (1) upon initial referral or parent request for evaluation; (2) upon filing by parents of their first State complaint under 34 CFR §§300.151 through 300.153 and upon filing by parents of their first due process complaint under §300.507 in a school year; (3) when a decision is made to take a disciplinary action that constitutes a change of placement; and (4) upon parent request. [34 CFR §300.504(a)].
The purpose of this annual notice is to comply with Charter School’s obligations under Chapter 711 of Title 22 of the Pennsylvania Code and to describe: (1) the types of disabilities that might qualify the child for special education, (2) the special education programs and related services that are available, (3) the process by which Charter School screens and evaluates such students to determine eligibility, (4) the special rights that pertain to such children and their parents or legal guardians and (5) the confidentiality rights that pertain to student information.
A copy of this Annual Notice is also available on the school’s website at: www.mastcharter.org
Qualifying for special education and related services
Under the federal Individuals with Disabilities Education Improvement Act of 2004, or “IDEA 2004,” children qualify for special education and related services if they have one or more of the following disabilities and, as a result, need special education and related services: mental retardation;; hearing impairment, including deafness; speech or language impairment; visual impairment, including blindness; emotional disturbance; orthopedic impairment; autism; traumatic brain injury; other health impairment; specific learning disability; deaf-blindness; or multiple disabilities.
IDEA 2004 provides legal definitions of the disabilities that qualify a student for special education, which may differ from those terms used in medical or clinical practice or common usage.
Section 504 Services
Under Section 504 of the federal Rehabilitation Act of 1973, some school age children with disabilities who do not meet the eligibility criteria outlined above might be eligible for special protections and for adaptations and accommodations in instruction, facilities, and activities. Children are entitled to such protections, adaptations, and accommodations if they have a mental or physical disability that substantially limits or prohibits participation in or access to an aspect of the school program and otherwise qualify under the applicable state and federal laws, including Chapter 711 of Title 22 of the Pennsylvania Code and Section 504.
Charter School must ensure that qualified handicapped students have equal opportunity to participate in the school program and activities to the maximum extent appropriate for each individual student. In compliance with applicable state and federal laws, Charter School provides to each qualifying protected handicapped student without discrimination or cost to the student or family, those related aids, services or accommodations which are needed to provide equal opportunity to participate in and obtain the benefits of the school program and activities to the maximum extent appropriate to the student’s abilities and to the extent required by the laws.
These services and protections for “protected handicapped students” may be distinct from those applicable to eligible or thought-to-be eligible students. Charter School or the parent may initiate an evaluation if they believe a student is a protected handicapped student. For further information on the evaluation procedures and provision of services to protected handicapped students, parents should contact the school’s CEO, John Swoyer, III.
Least Restrictive Environment “LRE”
Charter Schools ensure that children with disabilities are educated to the maximum extent possible in the regular education environment or “least restrictive environment”. To the maximum extent appropriate, students with disabilities, are educated with students who are not disabled. Special classes, separate schooling or other removal of students with disabilities from the general educational environment occurs only when the nature or severity of the disability is such that education in general education classes, even with the use of supplementary aids and services, cannot be achieved satisfactorily. Programs and services available to students with disabilities, might include: (1) regular class placement with supplementary aides and services provided as needed in that environment; (2) regular class placement for most of the school day with itinerant service by a special education teacher either in or out of the regular classroom; (3) regular class placement for most of the school day with instruction provided by a special education teacher in a resource classroom; (4) part time special education class placement in a regular public school or alternative setting; and (5) special education class placement or special education services provided outside the regular class for most or all of the school day, either in a regular public school or alternative setting. This is a team decision.
Depending on the nature and severity of the disability and least restrictive environment consideration, a Charter School could provide special education programs and services as determined appropriate by the IEP team, in locations such as: (1) the classroom/building the child would attend if not disabled, (2) an alternative regular class either in or outside the school, (3) a special education center operated by an IU, (4) an approved private school or other private facility licensed to serve children with disabilities, (5) a residential school, (6) approved out-of-state program, or (7) the home. This is a team decision.
Special education services are provided according to the educational needs of the child, not the category of disability. Types of service that may be available, depending upon the child’s disability and needs might include, but are not limited to: (1) learning support; (2) life skills support; (3) emotional support; (4) deaf or hearing impaired support; (5) blind or visually impaired support; (6) physical support; (7) autistic support; (8) multiple disabilities support; (9) speech and language support; (10) extended school year support; and (11) vision support. This is a team decision.
Related services are designed to enable the child to participate in or access his or her program of special education. Examples of related services that a child may require include but are not limited to: speech and language therapy, transportation, occupational therapy, physical therapy, school nursing services, audiology counseling services, parent counseling, or training, certain medical services for diagnostic or evaluation purposes, social work, recreation, and transition. Some students may also be eligible for extended school year services if determined needed by their IEP teams in accordance with Chapter 711 regulations.
Charter School, in conjunction with the parents, determines the type and intensity of special education and related services that a particular child needs based on the unique program of special education and related services that the school develops for that child. The child’s program is described in writing in an individualized education program, or “IEP,” which is developed by an IEP team. The participants in the IEP team are dictated by IDEA 2004. The parents of the child have the right to be notified of and to be offered participation in all meetings of their child’s IEP team. The IEP is revised as often as circumstances warrant but reviewed at least annually. The law requires that the program and placement of the child, as described in the IEP, be reasonably calculated to ensure meaningful educational benefit to the student. In accordance with IDEA 2004, there may be situations in which a Charter School may hold an IEP team meeting if the parents refuse or fail to attend the IEP team meeting.
IEPs generally contain: (1) a statement of the student’s present levels; (2) a statement of measurable annual goals established for the child; (3) a statement of how the child’s progress toward meeting the annual goals will be measured and when periodic reports will be provided; (4) a statement of the special education and related services and supplementary aids and services and a statement of the program modifications or supports for school personnel that will be provided, if any; (5) an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in activities; (6) a statement of any individual appropriate accommodations that are necessary to measure the performance of the child on State and school assessments; and (7) the projected date for the beginning of the services and modifications and the anticipated frequency, location and duration of those services or modifications.
Beginning not later than the first IEP to be in effect when the child turns 14, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include appropriate measurable postsecondary goals and transition services needed to assist in reaching those goals. Charter School must invite the child to the IEP team meeting at which the transition plan is developed.
Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child’s rights, if any, that will transfer to the child on reaching the age of majority.
Screening and Evaluation Procedures for Children to Determine Eligibility
Screening
Charter School has established a system of screening which may include prereferral intervention services to accomplish the following:
(1) Identification and provision of initial screening for students prior to referral for a special education evaluation.
(2) Provision of peer support for teachers and other staff members to assist them in working effectively with students in the general education curriculum.
(3) Identification of students who may need special education services and programs.
The screening process includes:
Hearing and vision screening in accordance with Section 1402 of the Public School Code of 1949 (24 P. S. § 14-1402) for the purpose of identifying students with hearing or vision difficulty so that they can be referred for assistance or recommended for evaluation for special education.
Screening at reasonable intervals to determine whether all students are performing based on grade-appropriate standards in core academic subjects.
Charter School has established and implements procedures to locate, identify and evaluate children suspected of being eligible for special education. These procedures involve screening activities which may also include but are not limited to: review of data and student records; motor screening; and speech and language screening. The school assesses the current achievement and performance of the child, designs school-based interventions, and assesses the effectiveness of interventions. If the concern can be addressed without special education services, or is the result of limited English proficiency or appropriate instruction, a recommendation may be made for interventions other than a multidisciplinary team evaluation. Parents have the right to request a multidisciplinary team evaluation at any time, regardless of the outcome of the screening process.
Except as indicated above or otherwise announced publicly, screening activities take place on-going at periods throughout the school year. Screening is conducted at Charter School, unless other arrangements are necessary or arranged.
The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation is not to be considered an evaluation for eligibility for special education and related services.
If parents need additional information regarding the purpose, time, and location of screening activities, they should call or write John Swoyer, III, Chief Executive Officer of Charter School at:
Mathematics, Sciences & Technology Community Charter School
1800 East Byberry Road
Philadelphia, PA 19116
(267) 348-1100
Screening or prereferral intervention activities may not serve as a bar to the right of a parent to request an evaluation, at any time, including prior to or during the conduct of screening or prereferral intervention activities.
Disproportionality
In accordance with Chapter 711, in the event that Charter School would ever meet the criteria in 34 CFR 300.646(b)(2) (relating to disproportionality), as established by the State Department of Education, the services that would be required would then include:
(1) A verification that the student was provided with appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the Elementary and Secondary Education Act (ESEA) (20 U.S.C.A. § 6368(3)), and appropriate instruction in math.
(2) For students with academic concerns, an assessment of the student’s performance in relation to State-approved grade level standards.
(3) For students with behavioral concerns, a systematic observation of the student’s behavior in the school environment where the student is displaying difficulty.
(4) A research-based intervention to increase the student’s rate of learning or behavior change based on the results of the assessments under paragraph (2) or (3), or both.
(5) Repeated assessments of achievement or behavior, or both, conducted at reasonable intervals, reflecting formal monitoring of student progress during the interventions.
(6) A determination as to whether the student’s assessed difficulties are the result of a lack of instruction or limited English proficiency.
(7) A determination as to whether the student’s needs exceed the functional ability of the regular education program to maintain the student at an appropriate instructional level.
(8) Documentation that information about the student’s progress as identified in paragraph (5) was periodically provided to the student’s parents.
Evaluation
An evaluation under IDEA 2004 involves the use of a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent that may assist in determining whether the child is a child with a disability and the content of the child’s IEP. Charter School does not use any single measure or assessment as a sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child. Technically sound instruments are used to assess the relative contribution of cognitive and behavioral factors in addition to physical or developmental factors.
Parental consent must be obtained by Charter School prior to conducting an initial evaluation to determine if the child qualifies as a child with a disability, and before providing special education and related services to the child. Parental consent for an evaluation shall not be construed as consent for their child to receive special education and related services. The screening of a child by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation is not considered to be an evaluation for eligibility for special education and related services; therefore, parental consent is not required in this instance.
The law contains additional provisions and due process protections regarding situations in which parental consent for an initial evaluation is absent or refused discussed more fully below and in the PaTTAN Procedural Safeguards Notice. If you have any questions about where to obtain a copy of the PaTTAN Procedural Safeguards Notice, kindly contact the Chief Executive Officer, John Swoyer, III, 1800 East Byberry, Road, Philadelphia, PA 19116 (267) 348-1100.
The evaluation process is conducted by a Multi-Disciplinary Team (MDT) which includes a teacher, other qualified professionals who work with the child, the parents and other members as required by law. The MDE process must be conducted in accordance with specific timelines and must include protective procedures. For example, tests and procedures used as part of the Multi-Disciplinary Evaluation may not be racially or culturally biased.
The MDE process culminates with a written report called an Evaluation Report (ER). This report makes recommendations about a student’s eligibility for special education based on the presence of a disability and the need for specially designed instruction.
Parents who think their child is eligible for special education may request, at any time, that Charter School conduct a Multi-Disciplinary Evaluation. Requests for a Multi-Disciplinary Evaluation must be made in writing to the Chief Executive Officer, John Swoyer, III, 1800 East Byberry, Road, Philadelphia, PA 19116.
If a parent makes an oral request for a Multi-Disciplinary Evaluation, Charter School shall provide the parent with a form(s) for that purpose. If the public school denies the parents’ request for an evaluation, the parents have the right to challenge the denial through an impartial hearing or through voluntary alternative dispute resolution such as mediation.
Reevaluations are conducted if Charter School determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or if the child’s parent or teacher requests a reevaluation. A reevaluation may occur not more than once a year, unless the parent and Charter School agree; and must occur once every 3 years, unless the parent and Charter School agree that a reevaluation is unnecessary. Students with mental retardation must be reevaluated every two years under State law.

Educational Placement
The determination of whether a student is eligible for special education is made by an Individualized Education Program (IEP) team. The IEP team includes: the parents of a child with a disability; not less than one regular education teacher, if the child is, or may be, participating in the regular education environment; not less than one special education teacher, or when appropriate, not less than one special education provider; a representative of the school who is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities, is knowledgeable about the general education curriculum, and is knowledgeable about the availability of resources of Charter School; an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described above; other individuals, at the discretion of the parent or the agency, who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and whenever appropriate, a child with a disability. IEP team participation is directly addressed by the regulations. If the student is determined to be eligible for special education, the IEP team develops a written education plan called an IEP. The IEP shall be based in part on the results of the Multi-Disciplinary Evaluation. When the IEP team decides that a student is not eligible for special education, recommendations for educational programming in regular education may be developed from the ER.
Placement must be made in the “least restrictive environment”, as described more fully above, in which the student’s needs can be met with special education and related services. All students with disabilities must be educated to the maximum extent appropriate with children who are not disabled.
Parents and Surrogate Parents
For purposes of this Notice, Charter School considers parents to be biological or adoptive parents of a child; a foster parent; a guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child; an individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or a surrogate parent.
A surrogate parent must be appointed when no parent can be identified; a public agency, after reasonable efforts, cannot locate a parent; the child is a ward of the State under the laws of Pennsylvania, or the child in an unaccompanied homeless youth as defined by the McKinney-Vento Homeless Assistance Act, 42 U.S.C. Sec. 11434a(6). A person selected as a surrogate parent must not be an employee of the SEA, Charter School or any other agency that is involved in the education or care of the child; has no personal or professional interest that conflicts with the interest of the child the surrogate parent represents; and has knowledge and skills that ensure adequate representation of the child. The surrogate parent may represent the child in all matters relating to the identification, evaluation, and educational placement of the child and the provision of FAPE to the child. Reasonable efforts must be made to ensure the assignment of a surrogate parent not more than 30 days after it is determined that the child needs a surrogate parent.
Prior Written Notice
Charter School will notify the parent whenever Charter School:
Proposes to initiate or to change the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education (FAPE) to the child; or
Refuses to initiate or to change the identification, evaluation, or educational placement of your child, or the provision of FAPE to the child.
Change of placement for disciplinary reasons.
Due process hearing, or an expedited due process hearing, initiated by Charter School.
Refusal of Charter School to agree to an independent educational evaluation (IEE) at public expense.
In Pennsylvania, prior written notice is provided by means of a Prior Written Notice Form/Notice of Recommended Educational Placement (NOREP). You should be given reasonable notice of this proposal or refusal so that if you do not agree with Charter School you may take appropriate action. Reasonable Notice means ten days.
The prior written notice must:
Describe the action that Charter School proposes or refuses to take;
Explain why Charter School is proposing or refusing to take the action;
Describe each evaluation procedure, assessment, record, or report Charter School used in deciding to propose or refuse the action;
Include a statement that you have protections under the procedural safeguards provisions in Part B of IDEA;
Tell how you can obtain a description of the procedural safeguards if the action that Charter School is proposing or refusing is not an initial referral for evaluation;
Include resources for you to contact for help in understanding Part B of the IDEA;
Describe any other choices that your child’s IEP Team considered and the reasons why those choices were rejected; and
Provide a description of other reasons why Charter School proposed or refused the action.
The notice must be:
Written in language understandable to the general public; and
Provided in your native language or other mode of communication you use, unless it is clearly not feasible to do so.
If your native language or other mode of communication is not a written language, Charter School will ensure that:
The notice is translated for you orally or by other means in your native language or other mode of communication;
You understand the content of the notice; and
There is written evidence that 1 and 2 have been met.
Native language, when used with an individual who has limited English proficiency, means the following:
The language normally used by that person, or, in the case of a child, the language normally used by the child’s parents;
In all direct contact with a child (including evaluation of a child), the language normally used by the child in the home or learning environment.
For a person with deafness or blindness, or for a person with no written language, the mode of communication is what the person normally uses (such as sign language, Braille, or oral communication).
Parental Consent
WHEN IS PARENTAL CONSENT NEEDED?
Initial Evaluations (34 CFR §300.300)
Charter School cannot conduct an initial evaluation of your child to determine whether your child is eligible under Part B of the IDEA to receive special education and related services without first providing you with prior written notice of the proposed action and without obtaining your consent as described under the heading Parental Consent.
We will make reasonable efforts to obtain your informed consent for an initial evaluation to decide whether your child is a child with a disability. Your consent for initial evaluation does not mean that you have also given your consent to start providing special education and related services to your child. If you have refused to provide consent or failed to respond to a request to provide consent for an initial evaluation, we may, but are not required to, seek to conduct an initial evaluation of your child by utilizing mediation or due process complaint, resolution meeting, and impartial due process hearing procedures. We will not violate our obligations to locate, identify and evaluate your child if we do not pursue an evaluation of your child in these circumstances.
Special rules for initial evaluation of wards of the State
Under Pennsylvania law, if a child is designated a ward of the state, the whereabouts of the parent are not known or the rights of the parent have been terminated in accordance with State law. Therefore, someone other than the parent has been designated to make educational decisions for the child. Consent for an initial evaluation should, therefore, be obtained from the individual so designated.
Ward of the State, as used in the IDEA, encompasses two other categories, so as to include a child who is:
1. A foster child who does not have a foster parent;
2. Considered a ward of the State under State law; or
3. In the custody of a public child welfare agency.
Consent for Initial Placement in Special Education (34 CFR §300.300)
We must obtain your informed consent before providing special education and related services to your child for the first time. We must make reasonable efforts to obtain your informed consent before providing special education and related services to your child for the first time.
If you do not respond to a request to provide your consent for your child to receive special education and related services for the first time, or if you refuse to give such consent, we may not use the procedural safeguards (i.e. mediation, due process complaint, resolution meeting, or an impartial due process hearing) in order to obtain agreement or a ruling that the special education and related services as recommended by your child’s IEP Team may be provided to your child without your consent.
If you refuse to give your consent for your child to start receiving special education and related services, or if you do not respond to a request to provide such consent and we do not provide your child with the special education and related services for which consent is sought, Charter School:
1. Is not in violation of the requirement to make FAPE available to your child for its failure to provide those services to your child; and
2. Is not required to have an IEP meeting or develop an IEP for your child for the special education and related services for which your consent was requested.
Consent for Reevaluations (34 CFR §300.300)
We must obtain your informed consent before your child is reevaluated, unless:
1. Charter School took reasonable steps to obtain your consent for your child’s reevaluation; and
2. You did not respond.
What is Documentation of Reasonable Efforts to Obtain Parental Consent? (34 CFR §300.300)
We will maintain documentation of reasonable efforts to obtain parental consent for initial evaluations, to provide special education and related services for the first time, to reevaluation and to locate parents of wards of the State for initial evaluations. The documentation will include a record of attempts in these areas, such as:
1. Detailed records of telephone calls made or attempted and the results of those calls;
2. Copies of correspondence sent to the parents and any responses received; and
3. Detailed records of visits made to the parent’s home or place of employment and the results of those visits.
When is Consent Not Required Related to Evaluate?
1. Review existing data as part of your child’s evaluation or a reevaluation; or
2. Give your child a test or other evaluation that is given to all children unless, before that test or evaluation, consent is required from all parents of all children.
When there is Refusal to Consent to a Reevaluation?
If you refuse to consent to your child’s reevaluation, we may, but are not required to, pursue your child’s reevaluation by using the mediation, due process complaint, resolution meeting, and impartial due process hearing procedures to seek to override your refusal to consent to your child’s reevaluation. As with initial evaluations, we do not violate obligations under Part B of the IDEA if we decline to pursue the reevaluation in this manner.
We may not use your refusal to consent to one service or activity to deny you or your child any other service, benefit, or activity.
Disagreements with an Evaluation
Independent Educational Evaluations (34 CFR §300.502)
General
As described below, you have the right to obtain an independent educational evaluation (IEE) of your child if you disagree with the evaluation of your child that was obtained by Charter School. If you request an IEE, Charter School must provide you with information about where you may obtain an IEE and about Charter School’s criteria that apply to IEEs.
Definitions
Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by Charter School responsible for the education of your child.
Public expense means that Charter School either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you, consistent with the provisions of Part B of the IDEA, which allow each State to use whatever State, local, Federal and private sources of support are available in the State to meet the requirements of Part B of the Act.
Parent right to evaluation at public expense
You have the right to an IEE of your child at public expense if you disagree with an evaluation of your child obtained by Charter School, subject to the following conditions:
If you request an IEE of your child at public expense, Charter School must, without unnecessary delay, either: (a) File a due process complaint to request a hearing to show that its evaluation of your child is appropriate; or (b) Provide an IEE at public expense, unless Charter School demonstrates in a hearing that the evaluation of your child that you obtained did not meet Charter School’s criteria.
If Charter School requests a hearing and the final decision is that Charter School’s evaluation of your child is appropriate, you still have the right to an IEE, but not at public expense.
If you request an IEE of your child, Charter School may ask why you object to the evaluation of your child obtained by Charter School. However, Charter School may not require an explanation and may not unreasonably delay either providing the IEE of your child at public expense or filing a due process complaint to request a due process hearing to defend Charter School’s evaluation of your child.
You are entitled to only one IEE of your child at public expense each time Charter School conducts an evaluation of your child with which you disagree.
Charter School criteria
If an IEE is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that Charter School uses when it initiates an evaluation (to the extent those criteria are consistent with your right to an IEE).
Except for the criteria described above, Charter School may not impose conditions or timelines related to obtaining an IEE at public expense.
Parent-initiated evaluations
If you obtain an IEE of your child at public expense or you share with Charter School an evaluation of your child that you obtained at private expense:
Charter School must consider the results of the evaluation of your child, if it meets Charter School’s criteria for IEEs, in any decision made with respect to the provision of FAPE to your child; and
You or Charter School may present the evaluation as evidence at a due process hearing regarding your child.
Requests for evaluations by hearing officers
If a hearing officer requests an IEE of your child as part of a due process hearing, the cost of the evaluation must be at public expense.
ANNUAL NOTICE OF RIGHTS REGARDING STUDENT RECORDS:
CONSENT FOR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
(34 CFR §300.622)
Unless the information is contained in education records, and the disclosure is authorized without parental consent under FERPA, your consent must be obtained before personally identifiable information is disclosed to parties other than officials of participating agencies. Except under the circumstances specified below, your consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of Part B of the IDEA.

Your consent, or consent of an eligible child who has reached the age of majority under State law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services.
ACCESS TO CONFIDENTIAL INFORMATION RELATED TO STUDENT (34 CFR §300.611)
Related to the confidentiality of information, the following definitions apply:
Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable.
Education records means the type of records covered under the definition of “education records” in 34 CFR Part 99 (the regulations implementing the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g (FERPA)).
Participating agency means any Charter School, agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained, under Part B of the IDEA.
Personally identifiable (34 CFR §300.32) means information that has:
Your child’s name, your name as the parent, or the name of another family member;
Your child’s address;
A personal identifier, such as your child’s social security number or student number; or
A list of personal characteristics or other information that would make it possible to identify your child with reasonable certainty.
Access Rights (34 CFR §300.613)
Parent Access
Charter School must permit you to inspect and review any education records relating to your child that are collected, maintained, or used by Charter School under Part B of the IDEA. Charter School must comply with your request to inspect and review any education records on your child without unnecessary delay or before any meeting regarding an IEP, or any impartial due process hearing (including a resolution meeting or a hearing regarding discipline), and in no case more than 45 calendar days after you have made a request.
Your right to inspect and review education records includes:
2) Your right to a response from Charter School to your reasonable requests for explanations and interpretations of the records;
3) Your right to request that Charter School provide copies of the records if you cannot effectively inspect and review the records unless you receive those copies; and
Your right to have your representative inspect and review the records.
Charter School may presume that you have authority to inspect and review records relating to your child unless advised that you do not have the authority under applicable State law governing such matters as guardianship, or separation and divorce.
If any education record includes information on more than one child, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information.
On request, each Charter School must provide you with a list of the types and locations of education records collected, maintained, or used by Charter School.
Other Authorized Access (34 CFR §300.614)
Charter School must keep a record of parties obtaining access to education records collected, maintained, or used under Part B of the IDEA (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.
Fees
Charter School may charge a fee or copies of records (34 CFR §300.617) that are made for you under Part B of the IDEA, if the fee does not effectively prevent you from exercising your right to inspect and review those records. Charter School may not charge a fee to search for or to retrieve information under Part B of the IDEA.
Amendment of Records at Parent’s Request (34 CFR §300.618)
If you believe that information in the education records regarding your child collected, maintained, or used under Part B of the IDEA is inaccurate, misleading, or violates the privacy or other rights of your child, you may request Charter School that maintains the information to change the information. Charter School must decide whether to change the information in accordance with your request within a reasonable period of time of receipt of your request.
If Charter School refuses to change the information in accordance with your request, it must inform you of the refusal and advise you of the right to a hearing for this purpose.
Opportunity for a Records Hearing (34 CFR §300.619)
Charter School must, on request, provide you an opportunity for a hearing to challenge information in education records regarding your child to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of your child.
Hearing Procedures (34 CFR §300.621)
A hearing to challenge information in education records must be conducted according to the following procedures for such hearings under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1233g (FERPA):
The educational agency or institution shall hold the hearing within a reasonable time after it has received the request for the hearing from the parent or eligible student.
The educational agency or institution shall give the parent or eligible student notice of the date, time, and place, reasonable in advance of the hearing.
The hearing may be conducted by any individual, including an official of the educational agency or institution who does not have a direct interest in the outcome of the hearing.
The educational agency or institution shall give the parent or eligible student a full and fair opportunity to present evidence to challenge the content of the student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of the student. 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.
The educational agency or institution shall make its decision in writing within a reasonable period of time after the hearing.
The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision.
Result of Hearing (34 CFR §300.620)
If, as a result of the hearing, Charter School decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it must change the information accordingly and inform you in writing. If, as a result of the hearing, Charter School decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of your child, you may place in the records that it maintains on your child a statement commenting on the information or providing any reasons you disagree with the decision of the participating agency.
Such an explanation placed in the records of your child must:
Be maintained by Charter School as part of the records of your child as long as the record or contested portion is maintained by the participating agency; and
If Charter School discloses the records of your child or the challenged portion to any party, the explanation must also be disclosed to that party.
Safeguards (34 CFR §300.623)
Each Charter School must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.
One official at each Charter School must assume responsibility for ensuring the confidentiality of any personally identifiable information.
All persons collecting or using personally identifiable information must receive training or instruction regarding your State’s policies and procedures regarding confidentiality under Part B of the IDEA and FERPA.
Each Charter School must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who have access to personally identifiable information.
Destruction of Information (34 CFR §300.624)
Charter School must inform you when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to your child, and the information must be destroyed at your request.
However, a permanent record of your child’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.
PROCEDURES FOR DISCIPLINARY EXCLUSION OF CHILDREN WITH DISABILITIES.
There are special rules in Pennsylvania for excluding children with disabilities for disciplinary
reasons:
AUTHORITY OF SCHOOL PERSONNEL (34 CFR §300.530)
Case-by-case determination
School personnel may consider any unique circumstances on a case-by-case basis, when determining whether a change of placement, made in accordance with the following requirements related to discipline, is appropriate for a child with a disability who violates a school code of student conduct.
General
To the extent that they also take such action for children without disabilities, school personnel may, for not more than 10 consecutive school days, remove a child with a disability (other than a child with mental retardation) who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension. School personnel may also impose additional removals of the child of not more than 10 consecutive school days in that same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement (see Change of Placement Because of Disciplinary Removals for the definition, below) or exceed 15 cumulative school days in a school year. Once a child with a disability has been removed from his or her current placement for a total of 10 school days in the same school year, Charter School must, during any subsequent days of removal in that school year, provide services to the extent required below under the sub-heading Services.
Additional authority
If the behavior that violated the student code of conduct was not a manifestation of the child’s disability (see Manifestation determination, below) and the disciplinary change of placement would exceed 10 consecutive school days, school personnel may apply the disciplinary procedures to that child with a disability in the same manner and for the same duration as it would to children without disabilities, except that the school must provide services to that child as described below under Services. The child’s IEP Team determines the interim alternative educational setting for such services. Under PA special education regulations, a disciplinary exclusion of a student with a disability for more than 15 cumulative school days in a school year will be considered a pattern so as to be deemed a change in educational placement (explained under Change of Placement Because of Disciplinary Removals). Charter School is required to issue a NOREP/Prior Written Notice to parents prior to a removal that constitutes a change in placement (removal for more than 10 consecutive days or 15 cumulative days).
Services
The services that must be provided to a child with a disability who has been removed from the child’s current placement may be provided to an interim alternative educational setting. A Charter School is only required to provide services to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a child without disabilities who has been similarly removed. Students may have the responsibility to make up exams and work missed while being disciplined by suspension and may be permitted to complete these assignments within guidelines established by their Charter School.
A child with a disability who is removed from the child’s current placement for more than 10 consecutive school days must:
Continue to receive educational services, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and
Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not happen again.
After a child with a disability has been removed from his or her current placement for 10 school days during one school year, or if current removal is for 10 consecutive school days or less, and if the removal is not a change of placement (see definition below), then school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.
If the removal is a change of placement (see definition below), the child’s IEP Team determines the appropriate services to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.
Manifestation Determination
Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct (except for a removal that does not constitute a change in educational placement i.e., is for 10 consecutive school days or less and not a change of placement), Charter School, the parent, and relevant members of the IEP Team (as determined by the parent and Charter School) must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine:
If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or
If the conduct in question was the direct result of Charter School’s failure to implement the child’s IEP.
If Charter School, the parent, and relevant members of the child’s IEP Team determine that either of those conditions was met, the conduct must be determined to be a manifestation of the child’s disability.
If Charter School, the parent, and relevant members of the child’s IEP Team determine that the conduct in question was the direct result of Charter School’s failure to implement the IEP, Charter School must take immediate action to remedy those deficiencies.
Determination that behavior was a manifestation of the child’s disability
If Charter School, the parent, and relevant members of the IEP Team determine that the conduct was a manifestation of the child’s disability, the IEP Team must either:
Conduct a functional behavioral assessment, unless Charter School had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or
If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior.
Except as described below under the sub-heading Special circumstances, Charter School must return the child to the placement from which the child was removed, unless the parent and the school agree to a change of placement as part of the modification of the behavioral intervention plan.
Special circumstances
Whether or not the behavior was a manifestation of the child’s disability, school personnel may remove a student to an interim alternative educational setting (determined by the child’s IEP Team) for up to 45 school days, if the child:
Carries a weapon (see the Definitions below) to school or has a weapon at school, on school premises, or at a school function under the jurisdiction of Charter School:
Knowingly has or uses illegal drugs (see the Definitions below), or sells or solicits the sale of a controlled substance, (see the Definitions below), while at school, on school premises, or at a school function under the jurisdiction of Charter School; or
Has inflicted serious bodily injury (see the Definitions below) upon another person while at school, on school premises, or at a school function under the jurisdiction of the State Educational Agency or a Charter School.
Definitions
Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202 (c) of the Controlled Substances Act (21 U.S.C. 812(c)).
Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.
Serious bodily injury has the meaning given the term “serious bodily injury” under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code.
Weapon has the meaning given the term “dangerous weapon” under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code.
Notification
On the date it makes the decision to make a removal that is a change of placement of the child because of a violation of a code of student conduct, Charter School must notify the parents of that decision, and provide the parents with a procedural safeguards notice.
Change Of Placement Because Of Disciplinary Removals (34 CFR §300.536)
A removal of a child with a disability from the child’s current educational placement is a change of placement requiring a NOREP/prior written notice if:
The removal is for more than 10 consecutive school days; or
The removal is for 15 cumulative school days total in any one school year;
The child has been subjected to a series of removals that constitute a pattern because:
The series of removals total more than 10 school days in a school year;
The child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in a series of removals;
Of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another; and
Whether a pattern of removals constitutes a change of placement is determined on a case-by-case basis by Charter School and, if challenged, is subject to review through due process and judicial proceedings.
Determination of Setting (34 CFR §300.531)
The IEP must determine the interim alternative educational setting for removals that are changes of placement, and removals under the headings Additional authority and Special circumstances, above.
General
The parent of a child with a disability may file a due process complaint (see above) to request a due process hearing if he or she disagrees with:
Any decision regarding placement made under these discipline provisions; or
The manifestation determination described above.
Charter School may file a due process complaint (see above) to request a due process hearing if it believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.
Authority of hearing officer
A hearing officer that meets the requirements described under the sub-heading Impartial Hearing Officer must conduct the due process hearing and make a decision.
The hearing officer may:
Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of the requirements described under the heading Authority of School Personnel, or that the child’s behavior was a manifestation of the child’s disability; or
Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.
These hearing procedures may be repeated, if Charter School believes that returning the child to the original placement is substantially likely to result in injury to the child or to others.
Whenever a parent or a Charter School files a due process complaint to request such a hearing, a hearing must be held that meets the requirements described under the headings Due Process Complaint Procedures, Hearings on Due Process Complaints, except as follows:
The SEA must arrange for an expedited due process hearing, which must occur within 20 school days of the date the hearing is filed and must result in a determination within 10 school days after the hearing.
Unless the parents and Charter School agree in writing to waive the meeting, or agree to use mediation, a resolution meeting must occur within 7 calendar days of receiving notice of the due process complaint. The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 calendar days of receipt of the due process complaint.
A party may appeal the decision in an expedited due process hearing in the same way as they may for decisions in other due process hearings.
When, as described above, the parent or Charter School has filed a due process complaint related to disciplinary matters, the child must (unless the parent and the State Educational Agency or Charter School agree otherwise) remain in the interim alternative educational setting pending the decision of the hearing officer, or until the expiration of the time period of removal as provided for and described under the heading Authority of School Personnel, whichever occurs first.
Special Rules for Students with Mental Retardation
The disciplinary removal of a child with mental retardation attending either a Charter School for any amount of time is considered a change in placement and requires NOREP/prior written notice (if the disciplinary event does not involve drugs, weapons and/or serious bodily injury). A removal from school is not a change in placement for a child who is identified with mental retardation when the disciplinary event involves weapons, drugs, and/or serious bodily injury.
According to certain assurances the Commonwealth entered into related to the PARC consent decree, a Charter School may suspend on a limited basis a student with mental retardation who presents a danger to himself or others upon application and approval by the Bureau of Special Education and only to the extent that a student with a disability other than mental retardation could be suspended.

Protections For Children Not Yet Eligible For Special Education and Related Services (34 CFR §300.534)
General
If a child has not been determined eligible for special education and related services and violates a code of student conduct, but Charter School had knowledge (as determined below) before the behavior that brought about the disciplinary action occurred, that the child was a child with a disability, then the child may assert any of the protections described in this notice.
Basis of knowledge for disciplinary matters
A Charter School must be deemed to have knowledge that a child is a child with a disability if, before the behavior that brought about the disciplinary action occurred:
The parent of the child expressed concern in writing that the child is in need of special education and related services to supervisory or administrative personnel of appropriate educational agency, or a teacher of the child;
The parent request an evaluation related to eligibility for special education and related services under Part B of the IDEA; or
The child’s teacher, or other Charter School personnel expressed specific concerns about a pattern of behavior demonstrated by the child directly to Charter School’s Director of Special Education or to other supervisory personnel of Charter School.
Exception
A Charter School would not be deemed to have such knowledge if:
The child’s parent has not allowed an evaluation of the child or refused special education services; or
The child has been evaluated and determined to not be a child with a disability under Part B of the IDEA.
Conditions that apply if there is no basis of knowledge
If prior to taking disciplinary measures against the child, a Charter School does not have knowledge that a child is a child with a disability, as described above under the sub-headings Basis of knowledge for disciplinary matters and Exception, the child may be subjected to the disciplinary measures that are applied to children without disabilities who engaged in comparable behaviors. However, if a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner. Until the evaluation is completed, the child remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by Charter School, and information provided by the parents, Charter School must provide special education and related services in accordance with Part B of the IDEA, including the disciplinary requirements described above.
REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES (34 CFR §300.535)
The state and federal regulations do not:
Prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities; or
Prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability.
Subsequent to a referral to law enforcement, an updated functional behavior assessment and positive behavior support plan are required.
Transmittal of records
If a Charter School reports a crime committed by a child with a disability, Charter School: must ensure that copies of the child’s special education and disciplinary records are transmitted for consideration by the authorities to whom the agency reports the crime; and may transmit copies of the child’s special education and disciplinary records only to the extent permitted by FERPA.
THIS ANNUAL NOTICE AND STATEMENT OF POLICY AND PROCEDURES HAS BEEN WRITTEN IN ACCORDANCE WITH CHAPTER 711 OF TITLE 22 OF THE PA CODE AND INCORPORATED INFORMATION FROM APPLICABLE PDE AND STATE FORMS AND SOURCES INCLUDING THE PATTAN PROCEDURAL SAFEGUARDS NOTICE.
THE CONTENT OF THIS NOTICE HAS BEEN WRITTEN IN STRAIGHTFORWARD, SIMPLE ENGLISH LANGUAGE. IF A PERSON DOES NOT UNDERSTAND ANY OF THIS NOTICE, HE OR SHE SHOULD ASK JOHN SWOYER, III, CHIEF EXECUTIVE OFFICER OF CHARTER SCHOOL FOR AN EXPLANATION. CHARTER SCHOOL WILL ARRANGE FOR AN INTERPRETER FOR PARENTS WITH LIMITED ENGLISH PROFICIENCY. IF A PARENT IS DEAF OR BLIND OR HAS NO WRITTEN LANGUAGE, THE SCHOOL WILL ARRANGE FOR COMMUNICATION OF THIS NOTICE IN THE MODE NORMALLY USED BY THE PARENT (E.G., SIGN LANGUAGE, BRAILLE, OR ORAL COMMUNICATION).
THIS NOTICE IS ONLY A SUMMARY OF THE SPECIAL EDUCATION SERVICES, EVALUATION AND SCREENING ACTIVITIES, AND RIGHTS AND
PROTECTIONS PERTAINING TO CHILDREN WITH DISABILITIES, CHILDREN THOUGHT TO BE DISABLED, AND THEIR PARENTS AND IS ONLY A SUMMARY OF THE CONFIDENTIALITY RIGHTS REGARDING STUDENT INFORMATION.
FOR MORE INFORMATION OR TO REQUEST EVALUATION OR SCREENING OF A CHARTER SCHOOL STUDENT CONTACT JOHN SWOYER, III, CHIEF EXECUTIVE OFFICER OF CHARTER SCHOOL AT 1800 EAST BYBERRY ROAD, PHILADELPHIA, PA 19116, (267) 348-1100.
NOTHING IN THIS NOTICE IS INTENDED TO CONFLICT WITH OR SUPPLANT THE INFORMATION CONTAINED IN THE PENNSYLVANIA DEPARTMENT OF EDUCATION’S CURRENT “PROCEDURAL SAFEGUARDS NOTICE” WHICH IS AVAILABLE THROUGH THE SCHOOL FOR YOUR REVIEW OR WITH APPLICABLE STATE AND/OR FEDERAL LAWS.

2013-2014 Interscholastic Athletic Opportunities Disclosure Form

Download Report: Interscholastic Athletic Opportunities Disclosure Form 13-14

  • The school has middle school sports teams that play on a combined 5th-8th grade team (not PIAA). In conversation with Teresa Shakespeare at the PDE, it was communicated that this information should not be reported because the league does not follow PIAA guidelines.
  • An athletic trainer was hired in the middle of the year but not until November. Prior to that, the school hired the school nurse to act as a per diem trainer for on-site volleyball games in the fall. We did not have a trainer for soccer at the time.
  • In section 3, JV Girls Volleyball Coaches’ Salaries are reported as $0. That salary is built into the varsity girls’ volleyball salary. Additionally, all expenditures (school and non-school) are lumped in with the varsity team.
    MaST has a cooperative sponsorship with George Washington High School and had the following students participating on their teams:

    • Girls’ Lacrosse – 3
    • Field Hockey – 1
    • Boys’ Volleyball – 1
    • Boys’ Tennis – 1
    • Football – 1
    • Wrestling – 1
  • Transportation costs were calculated by dividing total fuel expenditures by the 11 teams that utilize school vans for transportation (11 teams includes middle school teams that are not included in the report, but still used the gasoline). The school also used vans minimally for other non-athletic related activities, but there’s no way to remove these costs. There were a few buses that were ordered specifically for teams when vans were unavailable, and these costs were added to the aforementioned fuel costs appropriately on a per-team basis. Lastly, tolls were added in as well by dividing the total tolls cost by the number of varsity teams that used school vans for away contests.
  • MaST made one payment to a local playground for use the facilities for 4 sports: Varsity Baseball, Varsity Softball, Varsity Boys’ and Girls’ Soccer. This total was divided through for those four sports.
    For non-school funds, certain teams held fundraisers while others didn’t. The figures for money collected through these fundraisers are indicated in the column “List total value of contributions per team.” Expenditures for these fundraisers (i.e. the costs of concessions, t-shirts, etc.) are indicated in the column “List the total value of purchases per team.”
  • As described in the directions, non-school money used for small gifts to students (i.e. flowers on senior days, varsity letters, participation trophies, etc.) are not included.

2014-2015 Interscholastic Athletic Opportunities Disclosure Form

Download Report: Interscholastic Athletic Opportunities Disclosure Form 14-15

  • The school has middle school sports teams that play on a combined 5th-8th grade team (not PIAA). In conversation with Teresa Shakespeare at the PDE, it was communicated that this information should not be reported because the league does not follow PIAA guidelines.
  • In section 3, JV Girls Volleyball Coaches’ Salaries are reported as $0. That salary is built into the varsity girls’ volleyball salary. Additionally, all expenditures (school and non-school) are lumped in with the varsity team.
  • MaST has a cooperative sponsorship with George Washington High School and had the following students participating on their teams:
    • Girls’ Lacrosse – 2
    • Field Hockey – 2
    • Boys’ Volleyball – 2
    • Track and Field – 3
  • Transportation costs were calculated by dividing total fuel expenditures by the 11 teams that utilize school vans for transportation (11 teams includes middle school teams that are not included in the report, but still used the gasoline). The school also used vans minimally for other non-athletic related activities, but there’s no way to remove these costs. There were a few buses that were ordered specifically for teams when vans were unavailable, and these costs were added to the aforementioned fuel costs appropriately on a per-team basis. Lastly, tolls were added in as well by dividing the total tolls cost by the number of varsity teams that used school vans for away contests.
  • MaST made one payment to a local playground for use the facilities for 4 sports: Varsity Baseball, Varsity Softball, Varsity Boys’ and Girls’ Soccer. This total was divided through for those four sports.
  • For non-school funds, certain teams held fundraisers while others didn’t. The figures for money collected through these fundraisers are indicated in the column “List total value of contributions per team.” Expenditures for these fundraisers (i.e. the costs of concessions, t-shirts, etc.) are indicated in the column “List the total value of purchases per team.” Scenarios where non-school monies going out were greater than non-school monies coming in were offset by balances in accounts heading into the school year.
  • As described in the directions, non-school money used for small gifts to students (i.e. flowers on senior days, varsity letters, participation trophies, etc.) are not included.

2015-2016 Interscholastic Athletic Opportunities Disclosure Form

  • Download the report
  • The school has middle school sports teams that play on a combined 5th-8th grade team (not PIAA). In conversation with Teresa Shakespeare at the PDE, it was communicated that this information should not be reported because the league does not follow PIAA guidelines.
  • In section 3, JV Girls Volleyball Coaches’ Salaries are reported as $0. That salary is built into the varsity girls’ volleyball salary. Additionally, all expenditures (school and non-school) are lumped in with the varsity team.
  • MaST has a cooperative sponsorship with George Washington High School and had the following students participating on their teams:
    • Field Hockey – 2
    • Football – 4
  • Transportation costs were calculated by dividing total fuel expenditures by the 11 teams that utilize school vans for transportation (11 teams includes middle school teams that are not included in the report, but still used the gasoline). The school also used vans minimally for other non-athletic related activities, but there’s no way to remove these costs. There were a few buses that were ordered specifically for teams when vans were unavailable, and these costs were added to the aforementioned fuel costs appropriately on a per-team basis. Lastly, tolls were added in as well by dividing the total tolls cost by the number of varsity teams that used school vans for away contests.
  • MaST made one payment to a local playground for use the facilities for 4 sports: Varsity Baseball, Varsity Softball, Varsity Boys’ and Girls’ Soccer. This total was divided through for those four sports.
  • For non-school funds, certain teams held fundraisers while others didn’t. The figures for money collected through these fundraisers are indicated in the column “List total value of contributions per team.” Expenditures for these fundraisers (i.e. the costs of concessions, t-shirts, etc.) are indicated in the column “List the total value of purchases per team.” Scenarios where non-school monies going out were greater than non-school monies coming in were offset by balances in accounts heading into the school year.
  • As described in the directions, non-school money used for small gifts to students (i.e. flowers on senior days, varsity letters, participation trophies, etc.) are not included.
  • The school has middle school sports teams that play on a combined 5th-8th grade team (not PIAA). In conversation with Teresa Shakespeare at the PDE, it was communicated that this information should not be reported because the league does not follow PIAA guidelines.
  • In section 3, JV Girls Volleyball Coaches’ Salaries are reported as $0. That salary is built into the varsity girls’ volleyball salary. Additionally, all expenditures (school and non-school) are lumped in with the varsity team.
  • MaST has a cooperative sponsorship with George Washington High School and had the following students participating on their teams:
    • Field Hockey – 2
    • Football – 4
  • Transportation costs were calculated by dividing total fuel expenditures by the 11 teams that utilize school vans for transportation (11 teams includes middle school teams that are not included in the report, but still used the gasoline). The school also used vans minimally for other non-athletic related activities, but there’s no way to remove these costs. There were a few buses that were ordered specifically for teams when vans were unavailable, and these costs were added to the aforementioned fuel costs appropriately on a per-team basis. Lastly, tolls were added in as well by dividing the total tolls cost by the number of varsity teams that used school vans for away contests.
  • MaST made one payment to a local playground for use the facilities for 4 sports: Varsity Baseball, Varsity Softball, Varsity Boys’ and Girls’ Soccer. This total was divided through for those four sports.
  • For non-school funds, certain teams held fundraisers while others didn’t. The figures for money collected through these fundraisers are indicated in the column “List total value of contributions per team.” Expenditures for these fundraisers (i.e. the costs of concessions, t-shirts, etc.) are indicated in the column “List the total value of purchases per team.” Scenarios where non-school monies going out were greater than non-school monies coming in were offset by balances in accounts heading into the school year.
  • As described in the directions, non-school money used for small gifts to students (i.e. flowers on senior days, varsity letters, participation trophies, etc.) are not included.

Food Service Nondiscrimination

NONDISCRIMINATION: In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, S.W. Washington, DC 20250-9410 or call (202)720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.