2015 – 2016 Parent / Student Handbook Tempe, Arizona Table of Contents Table of Contents ........................................................................................................................................... i School Overview ........................................................................................................................................... 1 Board of Directors ......................................................................................................................................... 1 School Leadership ......................................................................................................................................... 1 School Closing Information ........................................................................................................................... 1 Attendance Policy ......................................................................................................................................... 4 Parent/Teacher Conferences ........................................................................................................................ 7 Student Records and Confidentiality ............................................................................................................ 7 Individualized Education and Section 504 Plans ........................................................................................... 9 Graduation Requirements .......................................................................................................................... 10 Academic Honors ........................................................................................................................................ 10 Health and Safety ........................................................................................................................................ 10 Medical Services ......................................................................................................................................... 11 Dress Code .................................................................................................................................................. 20 Discipline Policy........................................................................................................................................... 21 Resolution of Disputes ................................................................................................................................ 23 Early Career Academy Computer and Electronic Information Policy ......................................................... 24 Early Career Academy Section 504 Policies and Procedures Manual......................................................... 27 Notice of Non-discrimination...................................................................................................................... 27 Annual Notice to Parents ............................................................................................................................ 28 Notice of Procedural Safeguards ................................................................................................................ 29 SECTION 504, THE REHABILITATION ACT OF 1973 ..................................................................................... 29 Section 504 Parental Rights ........................................................................................................................ 32 Section 504 Informational Notice ............................................................................................................... 33 Parent/Student Rights in Identification, Evaluation, and Placement ......................................................... 34 Receipt of Notice of Procedural Safeguards and Rights ............................................................................. 36 Section 504 Complaint/Grievance Procedures ........................................................................................... 37 Definitions ................................................................................................................................................... 38 www.earlycareeracademy.com i Section 504 Complaint/Grievance Form ..................................................................................................... 39 Due Process Hearing Procedures ................................................................................................................ 40 www.earlycareeracademy.com ii School Overview As a public school, Early Career Academy (ECA) is open to 11th and 12th grade students, subject to capacity limitations, who have made sufficient progress with high school credits to meet high school graduation requirements within the two year program. Through an arrangement with ITT Educational Services, Inc., ECA is located on ITT Technical Institute's campus. ECA students will have access to many resources available to the ITT Tech students. ITT Tech’s programs of study are designed to teach students practical skills used in a wide variety of businesses and organizations. Most programs of study blend traditional academic content with applied learning concepts, a portion of which is devoted to practical study in a lab environment. Board of Directors The Early Career Academy is governed by a Board of Directors. A biography of each board member can be found on the ECA website: www.earlycareeracademy.com. The Board of Directors meets regularly, and these meetings are open to the public. Dates and locations for Board of Directors meetings are posted on the school website. School Leadership The Executive Director is responsible for the day-to-day operations of the school. A biography for the Executive Director can be found on the Early Career Academy website www.earlycareeracademy.com. School Closing Information In the event of severe weather or any other emergency, the school will issue announcements when school is canceled or delayed to one or more local television stations. For specific information please refer to the school website www.earlycareeracademy.com. 1 2 August 24, 2015 Monday First Day of School (1st Trimester) September 7, 2015 Monday No School – Labor Day September 23, 2015 Wednesday No School – Parent Conferences/Teacher PD November 11, 2015 Wednesday No School - Veterans Day November 13, 2015 Friday Last Day of Trimester 1 November 6, 2015 Monday First Day of Trimester 2 November 26-27 Thursday-Friday No School – Thanksgiving Break Second Trimester December 21 – January 1, 2016 No School – Holiday Break January 18, 2016 Monday No School – MLK Day January 19, 2016 Tuesday No School – Parent Conferences/Teacher PD February 15, 2016 Monday No School – Mid-Winter Break February 26, 2016 Friday Last Day of Trimester 2 February 29 – March 4, 2016 No School – Spring Break Third Trimester March 7, 2016 Monday First Day of Trimester 3 May 30, 2016 Monday No School – Memorial Day June 7, 2016 Tuesday Last Day of School (Last Day of Trimester 3) June 10, 2016 Friday Last Day for Teachers School Events Additional events may be scheduled throughout the school year. These events will be communicated by the Executive Director. 3 Attendance Policy Regular and consistent attendance is a critical component of academic achievement. Early Career Academy students are expected to have regular and punctual attendance. Each student is required to be on campus during the entire school day. If a student will be absent, the student’s parent or legal guardian should call the school by 9:00 a.m. at (602) 437-7525 and inform the school administrative assistant. Excused Absences Excused absences are defined as legitimate reasons for being out of school. According to Arizona (A.R.S.) 15-802 subsection D, these legitimate reasons may include: The child is in such physical or mental condition that instruction is impracticable. The child has presented reasons for non-attendance at a public school that is satisfactory to the school’s Executive Director. The child is over 14 years of age and is employed, with the consent of the person who has custody of the child, at some lawful wage earning occupation. The child is enrolled in a work training, career education, career and technical education, vocational education, or manual education that meets the educational standards established and approved by the Arizona Department of Education. The child is suspended or expelled from school. Unexcused Absences An unexcused absence is any absence not covered under the definition of excused. Habitual Truancy and Excessive Absences – A.R.S. 15-803 Students are considered habitually truant if he/she is truant more than five school days. Students who are absent more than 10% of the total days in session are considered excessively absent. A child who is habitually truant, or who has excessive absences, may be adjudicated an incorrigible child as defined in A.R.S. 8-201. Off-Campus Excused Students with internships will be marked Off-Campus Excused, an attendance code that counts as present. Field trips are considered part of the school experience and will be coded for state purposes as off-campus excused. Chronic Absenteeism Students who miss ten days of school or ten periods of any class for any reason, excused or unexcused, will be subject to review by the Executive Director in cooperation with the Guidance Office and the Board of Directors. Families will receive written and verbal notification of student absences prior to this review. Possible outcomes include parent-student Intervention, forfeiture 4 of credit for the semester, referral to the Department of Child Services for educational neglect, expulsion, and/or any other actions deemed appropriate and necessary by the administration. McKinney Vento ACT The McKinney-Vento Act is a federal law that makes sure children and youth who do not have permanent housing can go to school and preschool. It gives children and youth rights to enroll in school, stay in school, and receive transportation to attend school. Children and youth who become homeless can choose to continue school in the school they were attending before they became homeless, or they may attend school in the attendance area in which the child is actually living. The decision is based on the best interest of the child. Homeless children and youth must be given services comparable to the services offered to other students in the school selected. Homeless children and youth should not be kept out of school or experience enrollment delays due to transportation problems, transfer of records, immunization or residency requirements, or guardianship issues. Homeless students must not be separated from the mainstream school environment because they are homeless. If you have questions or concerns, please contact the Executive Director or the McKinney Vento liaison at Early Career Academy. Tardiness Classes start promptly at 8:00 a.m. It is essential that all students be in their classroom and prepared to receive instruction at the scheduled start time. Tardiness may be recorded in the student’s attendance record. Excused Transportation Tardy Recognizing unknown and uncontrollable variables can occur, students with legitimate reasons for being tardy to school first period may receive an excused transportation tardy, which may include: Late bus for normal route, accident on bus route, or mechanical failure (verified with Valley Metro or other service) Motor vehicle mechanical failure or accident Severe, unforeseen, and unavoidable traffic or accidents (such as flooding and other natural disasters) There is a maximum limit of not more than two (2) excused transportation tardies per trimester. Excused Tardy An excused tardy is issued for students who are late to class because they were unable to reach class on time due to appointments or meetings with school personnel. A written note will be sent with the student returning to class. Unexcused Tardy An unexcused tardy is any tardy not covered under the definition of excused in this handbook. 5 Closed Campus Early Career Academy is a closed campus. Once the student arrives on school grounds, regardless of the time, the student is not allowed to leave until dismissed by faculty, staff, and/ or administrator. Students who violate the closed campus policy may be subject to search, detention, suspension, and/or a Discipline Hearing as deemed appropriate by school administrator. Parking Lot Visitation Students may not return to their cars or the parking lot during lunch or any other part of the day for any reason. Please bring all items needed for the day into the building upon arrival. Early Dismissal No student is permitted to leave school at any time without both parental permission and administrative approval. Parents/Guardians must submit a written request or call the administrator or counselor if a student needs to be released prior to the end of the school day. Parents/Guardian will need to show identification at the school office to sign students out of the school. Skipping School Skipping school occurs in two separate instances: a) when a student who is present at school is later absent from class and/or leaves the campus without permission from the administrator; or b) when a student who was sent/dropped off by a parent/guardian to school does not arrive to class. Students who are skipping school will be assigned detention, while additional consequences may include, but are not limited to, suspension and/or Discipline Hearing as deemed appropriate by the administrator. Hall Passes, Bathroom Passes, Nurse Passes A pass is required any time a student is not in class. No student should be out of a classroom without an appropriate pass. Warnings will be given to students without passes. If a student develops a habit of being out of the classroom without a pass, then the student will be given detention, or other actions as deemed appropriate by the Executive Director will be considered. Morning Arrival Students need to be dropped off at school no earlier than 7:30 a.m. Students arriving between 7:30 and 8:00 a.m. will be supervised in the theory room used for lunch. Afternoon Departure Students need to be picked up within 30 minutes of dismissal time. If students are staying for club activities, they will need to be picked up or leave campus within 30 minutes of the end of the activity. 6 Parent/Teacher Conferences Formal parent/teacher conferences will be held each trimester during the school year to facilitate open communication between parents and teachers. These conferences are intended to keep parents up to date on student progress. Report Cards & Progress Reports Students will receive report cards at the end of each trimester, which will be sent directly to parents. Mid-trimester progress reports will be made available during and after Parent/Teacher Conferences. Student Records and Confidentiality Student records will consist of the relevant educational information compiled while a student is enrolled at the Early Career Academy. Family Educational Rights and Privacy Act Notification The Family Educational Rights and Privacy Act (“FERPA”) affords students certain rights with respect to their education records. These rights include: 1. The right to inspect and review the student’s education record within 45 days after the school receives a written request for access. A student, or parent of a student under 18, should submit to the Executive Director a written request that identifies the record(s) the student wishes to inspect. The Executive Director will make arrangements for access and notify the student of the time and place where the records may be reviewed. 2. The right to request the amendment of the student’s education records that the student, or parent of students under 18, believes are inaccurate, misleading or otherwise in violation of the student’s privacy rights under FERPA. A student, or parent of a student under 18, may request the school to amend an education record that the student, or parent of a student under 18, believes is inaccurate or misleading. The student or parent must write to the Executive Director, clearly identify the part of the education record the student or parent wants changed, and specify why the education record is inaccurate, misleading or otherwise in violation of the student’s privacy rights under FERPA. If the school decides not to amend the education record as requested by the student or parent of a student under 18, the school will notify the student and/ or parent of the decision and advise the student of his or her right to a hearing regarding the student’s request for amendment. Additional information regarding the hearing procedures will be provided to the student and/or parent when the student is notified by the school of his or her right to a hearing. 7 3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent the FERPA authorizes disclosure without the student’s consent. One exception permits the school to disclose personally identifiable information contained in the student’s education records without the student’s consent to school officials with legitimate educational interests. A School official is: a) a person employed by the school in an administrative supervisory, academic or research, or support staff position; b) a person or company with whom the school has contracted who performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of personally identifiable information from education records; c) a person serving on an advisory board; or d)a student assisting a school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her responsibility. Upon request, the school discloses education records without student consent to officials of other schools at which the student seeks or intends to enroll or where the student is already enrolled, so long as the disclosure is for purposes related to the student’s enrollment or transfer. 4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA. The name and address for the Office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, DC 20202 Directory information (as defined below) in a student’s education records may be unconditionally released by the school without the student’s consent, unless the student specifically requests in writing that such information may not be released. The school requires that any such request by the student must (i) specify what categories of Directory Information are to be withheld, and (ii) be delivered to the Executive Director within 15 days after the student starts class. Any such request must be renewed annually by the student. Directory Information means information contained in a student’s education record which would generally not be considered harmful or an invasion of privacy if disclosed. Directory Information includes, but is not limited to, the student’s: name; address(es); telephone number(s); electronic mail address(es); photograph; grade level; enrollment status; date and place of birth; program of study; extracurricular activities; credentials, awards and recognition received; last school attended; dates of attendance; and student or user ID number (other than social security number), but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity which are known or possessed only by the authorized user. Directory Information In accordance with A.R.S. §15-142 (Laws 2010, Chapter 302), Arizona school districts and charter schools are required to release pupil directory information, if the school district or charter school releases directory information, by October 31 of each year. The Arizona Department of Education is required to develop a model form to be provided to pupils to request that directory information not be provided pursuant to the Elementary and Secondary Education Act as reauthorized by the No Child Left Behind Act of 2001. In accordance with federal law, if a school district or charter school makes directory information available for the purposes of informing students of available educational or occupational opportunities, the district or charter school must make the same information available to official military 8 recruiters on the same basis, unless the student (if eligible) or the student’s parent or guardian requests that the information be withheld. In cooperation with the Arizona School Boards Association (ASBA), the department has determined that a school district or charter school operator that has adopted a student directory information policy based on ASBA model policy document JR-R, and has made available to parents and students an opt-out form based on ASBA model form J-7082, is in compliance with A.R.S. §15-142. For those school districts and charter schools that have not, the attached form is available for your use in complying with statutory requirements. Confidentiality The Early Career Academy is dedicated to complying with all confidentiality laws protecting the privacy of our students and their families. Information regarding each student’s progress will be shared only with parents/guardians and school officials with legitimate educational interests (as defined above), and any third parties retained by the school for the purpose of measuring and/or improving institutional quality The school will obtain the written consent of the student, or parent of a student under the age of 18, prior to releasing the student’s education records to any other person or organization, except with respect to directory information or a release pursuant to the exceptions noted above or any of the other exceptions found in the FERPA regulations (34 CFR 99.31). Individualized Education and Section 504 Plans In order to provide continuity of educational services, students with an Individualized Education Plan (IEP) or 504 Plan of the Rehabilitation Act of 1973 will be assessed promptly within the requirements of applicable law. The Early Career Academy is dedicated to educating all students and makes every effort to ensure students’ rights are observed in accordance with applicable laws and regulations. (See Appendix 1) Notice of Non-discrimination Early Career Academy does not discriminate on the basis of race, color, gender, sex, gender identity, disability, religion, ancestry, national or ethnic origin, age, or any characteristic that is legally protected under applicable local, state or federal law in the administration of its educational policies, behavior policies, admissions policies, scholarship and loan programs, food service and athletic, or other schooladministered programs. Early Career Academy abides by the U. . Department of Education Office of Civil Rights, Title VI and VII (Civil Rights Act of 1964), the Equal Pay Act of 1973, Title IX (Educational Amendments), Section 504 (Rehabilitation Act of 1973), the Age Discrimination Act of 1975, and the Americans with Disabilities Act (42 USCS § 12101,et.seq.) and all other Federal Civil Rights Acts. (See Appendix 1 for 504 Documents) The following person has been designated to handle inquiries regarding Early Career Academy’s nondiscrimination and Federal compliance policies: Executive Director, Early Career Academy 5005 S. Wendler Dr., Tempe, AZ 85282 DBender@earlycareeracademy.com 602-734-7364 9 Graduation Requirements All requirements for the state’s high school diploma must be met for high school graduation. Students must have met the current requirements of 22 total credits (4 English, 4 Math, 3 Science, 3 Social Studies, 8 Elective/Career and Technical Education (CTE) for graduating high school before being eligible for award of the associate degree. The associate degree is awarded to each student who satisfactorily completes all required courses in the program plan with at least a 2.0 overall cumulative grade-point average (OCGPA). Please see the Career and Guidance Counselor for more information regarding high school graduation and associate degree requirements. Transferability of Credit College level credits earned at ECA are unlikely to transfer to other post-secondary institutions. Academic Honors The Early Career Academy believes in celebrating student achievement. The school will recognize high academic (95 and above) and attendance performance each trimester and overall academic success at graduation. Health and Safety At the Early Career Academy, student safety is a priority. The specific guidelines, policies, and procedures of the Early Career Academy Health and Safety Plan are maintained and updated each year. Fire and Emergency Drills A.R.S. 15-341 requires each school to have an emergency response plan based on the minimum requirements established by the Arizona Department of Education and the Arizona Division of Emergency Management. Emergency response drills, including lockdown, shelter-in-place and evacuation, must occur twice annually.. For all drills, there will be a specific sound associated with the type of emergency. Crisis Management The ECA Crisis Management team will be activated when there is a natural disaster, a serious accident, an act of violence, or the death of someone connected to the school. 10 Medical Services The school nurse is responsible for developing and implementing Early Career Academy’s health education program, monitoring and implementing a system for the provision of health services and emergency nursing care of students, maintaining a school health record for each student, monitoring immunization requirements mandated by the State Department of Health, providing daily medical assistance as needed, and making referrals where appropriate. The nurse also provides nursing care for students with chronic medical conditions by creating and maintaining individual care plans. The school nurse will educate school staff regarding specific daily and emergency medical requirements for students. Parents/guardians are responsible for keeping their student (s) information current. School health record and should be reviewed on a yearly basis or as changes to a student’s health occurs. Please contact the school nurse if your student will require a care plan. As a school, we are required by State Law to submit a report of any suspected child abuse or neglect to Child Protective Services who handle all investigations. A complete list of health clinic policies and procedures are available in each school nurse‘s office. Illness Students who are ill with any of the conditions listed below should not return to school until the doctor gives permission to do so: Conjunctivitis (Pinkeye) - inflammation of the eye lining. A student with either viral or bacterial conjunctivitis will be sent home. The student may return to school after antibiotic treatment has begun and the eyes are clear. Head Lice - A student must be treated with pediculocidal shampoo and he or she can return to school once all nits (lice eggs) have been removed from the hair. The student’s return will require clearance from the school nurse. Fever - temperature of 100°F or above. Student may return to school if there has been no fever in the preceding 24 hours. Mononucleosis - can be determined by diagnostic lab tests. Student may return after acute symptoms have disappeared. Please inform the school of any physical restrictions on activities. Strep Throat - can only be diagnosed with a throat culture. Student may return to school 24 hours after antibiotic treatment has begun and if there has been no fever for the preceding 24 hours. Any other disease that has been deemed contagious by a physician. Please keep your contagious student at home until symptoms have subsided and student has recovered. Visit to Nurse Students who are ill may visit the nurse with a pass provided by the teacher. A daily log is kept of students’ reasons for visiting the clinic and the treatment provided. The guidelines set forth by the Arizona Department of Health Services for School Personnel is followed by the school in determining exclusions, restrictions, and control measures for students and their illnesses. When revisions to these guidelines occur during the school year, parents and guardians will be notified immediately. 11 To safeguard our students, all medication, both prescription and non-prescription, must be transported to school or school functions by a parent/guardian, or an adult appointed by the parent/guardian, in writing. In addition, all medications must be in the originally labeled container (including inhalers) ,be labeled with the student’s name, medication name, and directions for dispensing the drug, and must be written by a physician, dentist or nurse practitioner licensed to practice in the United States. Only students who have valid medical authorization and parent/guardian permission on file in the school office will be permitted to carry medications and self-administer such substances. These exceptions are explicitly stated in the law and detailed below. Any unused medication which is unclaimed by the parent/guardian will be destroyed by school personnel when a prescription is no longer to be administered or at the end of the school year. It is the responsibility of the parent/guardian to pick up the medication when the medication is no longer required (if used on a short term basis) or prior to or on the last day of the school year. Student Possession and Self-Administration of Medicine in School A student with a chronic disease or medical condition may possess and self-administer medication, both prescription and non-prescription, for the chronic disease or medical condition if the following conditions are met: 1. The student's parent/guardian has an authorization form filed in the health clinic for the student to possess and self-administer the medication. 2. A physician states in writing that: a. b. c. the student has an acute or chronic disease or medical condition for which the physician has prescribed medication; the student has been instructed how to self-administer the medication; and the nature of the disease or medical condition requires emergency administration of the medication. Authorization forms are available in the school nurse‘s clinic. Forms are good for one school year and must be signed on a yearly basis. Transport of Medications from School by Students Medication that is possessed by a school for administration during school hours or at school functions for a student may be released to: 1. 2. the student's parent/guardian; or an individual who is: a) at least eighteen (18) years of age; and b) designated in writing by the student’s parent/guardian to receive the medication. Early Career Academy may send home medication that is possessed by a school for administration during school hours or at school functions with a student if the student‘s parent/guardian provides written permission for the student to receive the medication. 12 Note: For all medication to be given during school hours, please complete the form that follows. 13 SCHOOL MEDICATION ADMINISTRATION AUTHORIZATION FORM This authorization is valid only for school year 2015-2016. Prescriber’s Authorization Name of Student: _____________________________________ Date of Birth: __________________ Grade: __________ Condition for which medication is being administered: _______________________________________________________ Medication Name: _____________________________________Dose:__________________Route:__________________ Time/frequency of administration: _____________________________________ If PRN, frequency: _________________ If PRN, for what symptoms: ___________________________________________________________________________ Other medications: ___________________________________________________________________________________ Relevant side effects: □ None expected □ Specify: __________________________________________________________ Medication shall be administered from: ________________________________to_________________________________ Prescriber’s Name/Title: _____________________________________Telephone: _______________FAX: ____________ Address: __________________________________________________________________________________________ Prescriber’s Signature: _________________________Date:__________ (Original signature or signature stamp ONLY) PARENT/GUARDIAN AUTHORIZATION I/We request designated school personnel to administer the medication as prescribed by the above prescriber. I/We certify that I/we give legal authority to Early Career Academy@ ITT Technical Institute to consent to medical treatment for the student named above, including the administration of medication at school. I/We understand that at the end of the school year, an adult must pick up the medication, otherwise it will be discarded. I/We hereby waive any claims against Early Career Academy, ITT/ESI and its employees, agents, representatives, directors, and affiliates related to the administration of this medicine and for consent of medical treatment, except for claims based on acts. Prescription medication shall have the pharmacy label indicating the Physician’s name, student’s name and strength of the medication. Medication shall be given to the student listed on the label only and will be given in accordance to the label instructions. Medication must be in its original container. Dosage for non-prescription medicine shall not exceed the label instructions for the particular age of the student. No student will be allowed to take medicine without supervision. I/We authorize the school nurse to communicate with the student’s teacher, physician or other health care provider, and necessary school staff about my child’s health condition and the action of the medicine as allowed by HIPAA. . I/We certify that I/we are the parent(s), legal guardian(s), or other person(s) in legal control of the above identified student and that I/we have read and understand the information within this authorization. Parent/Guardian Signature: ________________________________________________Date: ______________________ Home Phone #: ____________________ Cell Phone #: _________________Work Phone #: ______________________ 14 SELF CARRY/SELF ADMINISTRATION OF MEDICATION AUTHORIZATION/APPROVAL This authorization is valid only for school year 2015-2016. Self-carry/self-administration of medication (including emergency medication) may be authorized by the prescriber, by the parent or guardian, and must be approved by the school nurse according to the School Nurse Program medication policy. Prescriber’s Authorization Name of Student: _____________________________________ Date of Birth: __________________ Grade: __________ Condition for which medication is needed: _______________________________________________________ Medication Name: _____________________________________Dose:__________________Route:__________________ Time/frequency of administration: _____________________________________ If PRN, frequency: _________________ If PRN, for what symptoms: ___________________________________________________________________________ Other medications: ___________________________________________________________________________________ Relevant side effects: □ None expected □ Specify: __________________________________________________________ Medication shall be administered from: ________________________________to_________________________________ I affirm the following: The student identified above has an acute or chronic disease or medical condition for which I have prescribed medication; The student identified above has been instructed in how to self-administer the medication and demonstrates the proper technique; The nature of the disease or medical condition requires emergency administration of the medication; The student identified above may carry and self-administer the above named medication during school hours and at school activities; The student identified above shows capability to possess and self-administer the above medication. Prescriber’s Name/Title: _____________________________________Telephone: _______________FAX: ____________ Address: __________________________________________________________________________________________ Prescriber’s Signature: _________________________Date:__________ (Original signature or signature stamp ONLY) PARENT/GUARDIAN AUTHORIZATION I/We certify that I/we are the parent(s), legal guardian(s), or other person(s) in legal control of the above identified student and that I/We affirm the following: The student identified above may carry and self-administer the above named medication during school hours and at school activities; I/We will supply additional emergency medication to be kept in the school clinic in case the child fails to have the self-carry medication. I/We hereby waive any claims against Early Career Academy, ITT/ESI and its employees, agents, representatives, directors, and affiliates related to any injury arising from the self-administration of medication by the student identified above outside the supervision of the School RN. Parent/Guardian Signature: ________________________________________________Date: ______________________ Home Phone #: ____________________ Cell Phone #: _________________Work Phone #: ______________________ School RN approval for self-carry/self-administration of medication: ___________________________________________ Signature __________________________________________________ Date: __________________________________ Authorization reviewed by the school RN (Signature): _____________________________________ (Date) ____________ 15 Student Code of Conduct Each student must conduct himself or herself in accordance with the school’s rules, regulations, policies and procedures as stated in this handbook. This Student Code of Conduct is applicable to all ECA students: (1) on school property at any time, (2) during and immediately before and after any school activity at any location, and (3) traveling to and from the school or to and from a school activity. Any student who engages in any of the following types of misconduct will be subject to discipline by the school, which may include, without limitation, detention, suspension, and/or a Discipline Hearing as deemed appropriate by school administrator. a. Physical or verbal abuse, bullying (and cyberbullying), intimidation or harassment of another person or group of persons, including any harassment based on race, religion, color, age, sex, sexual orientation, national origin, disability, gender or any other protected status. Bullying is defined in state law as overt, unwanted, repeated acts or gestures, including verbal or written communications transmitted in any manner (including digitally or electronically), physical acts committed, aggression, or any other behaviors committed by a student or group of students against another student with the intent to harass, ridicule, humiliate, intimidate, or harm the targeted student and create for the targeted student an objectively hostile school environment. The prohibition on bullying also applies whenever a student is using data or computer software that is accessed through a computer, computer system, or computer network. This rule may be applied regardless of the physical location in which the bullying behavior occurred whenever (1) the individual committing the bullying behavior and any of the intended targets of the bullying behavior are both students of Early Career Academy; and (2) disciplinary action is reasonably necessary to avoid substantial interference with school discipline or prevent an unreasonable threat to the rights of others to a safe and peaceful learning environment. b. False report of bullying. c. Aggressive behavior and fighting. d. Threatening another person with bodily injury. e. Deliberate or careless endangerment; tampering with safety alarms or equipment; violation of safety regulations; failure to render reasonable cooperation in any emergency; possession or use on school premises or at organized school activities of any firearm (except for law enforcement officers who are required to carry a firearm at all times and who have notified the Executive Director of, and documented that requirement), taser, knife, any kind of gun, other weapon or look-alike, explosive or fireworks. f. Failure to report knowledge of a deadly or dangerous weapon or threats of violence. g. Obstruction or disruption of any regular school activities, including, without limitation, teaching, research, administration, student services, discipline, organized events and operation and maintenance of facilities; interference with the free speech and movement of academic community members; refusal to identify oneself when requested or to obey any other lawful instruction from a school official or teacher to discontinue or modify any action which is judged disruptive. h. Dishonesty, including, without limitation, provision of false information, alteration or misuse of documents, plagiarism and other academic cheating, impersonation, misrepresentation or fraud. i. Obscene, indecent or inconsiderate behavior; insubordinate behavior towards any teacher or school official; exposure of others to offensive conditions; sexting (sending, sharing, 16 j. k. l. m. n. o. p. q. r. s. t. u. v. w. x. viewing or possessing pictures, text messages, emails or other material of a sexual nature in electronic or any other form, including the contents of a cell phone or other electronic device); disregard for the privacy of self or others. Theft, abuse or unauthorized use of school property, the personal property of others or public property, including, without limitation, unauthorized entrance into school facilities or information technology systems, possession of stolen property and littering. Use, distribution or possession of stimulants, intoxicants, drugs, or any type of drug-related paraphernalia except as authorized by prescription and in compliance with the “Student Possession and Self-Administration of Medication” policy found in this handbook. Use, distribution or possession of alcoholic beverages on school premises or at organized school activities or events. Use, distribution or possession of tobacco or any tobacco-related product, including an electronic cigarette, on school premises or at organized school activities or events. Gambling on school premises or at organized school events. Failure to comply with the lawful directions of any school official, staff member or student employee who is acting in performance of duties of position or is explicitly assuming responsibility on behalf of the school in the absence of a particular official. (Emergency orders may supersede some written regulations. Any student who receives orders which he or she considers unreasonable although not illegal must obey the orders.) Violation of any federal, state or local law. Violation of Early Career Academy’s Computer and Electronic Information Policy. Intentional or careless destruction, damage or defacement of any school property. The school may, in addition to imposing discipline, hold any student who is responsible for any such destruction, damage or defacement liable for the repair or replacement of the property. Failure to behave in a manner that reflects favorably upon the student’s association with the school. Falsification of any information on his or her Registration Documents or any other documentation that the student provides to the school, including, without limitation, his or her educational status. Failure to strictly adhere to any term, provision, requirement, policy or procedure stated in this handbook, the student’s Registration Documents or handbook. Failure to exhibit good citizenship and respect for the community and other persons. Hazing, defined as any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a student, as determined by the school, for the purpose of initiation or admission into an affiliation with any organization recognized by the school. Hazing includes, without limitation, the following as determined by the school: any brutality of a physical nature, such as whipping, beating, branding, forced calisthenics; exposure to the elements; forces consumption of any food, liquor, drug, or other substance; forced physical activity which could adversely affect the physical health or safety of a student; any activity which would subject a student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct which could result in extreme embarrassment; or any forced activity which could adversely affect the mental health or dignity of a student. Incitement of others to commit any of the acts prohibited above; involvement as an accessory to any of the prohibited acts by providing assistance or encouragement to others engaged in such acts; or by failure to separate oneself clearly from a group in which others are so engaged. 17 Cellular Phone / Electronic Device During the school day cellular telephones should be set so they do not interrupt or disrupt regular classroom activities. Electronic devices can only be used in the classroom by permission of the teacher. Students whose telephone, or other electronic device causes a disruption in the classroom will have the device confiscated until the end of the class period. Repeated violations will lead to disciplinary action. Early Career Academy will not be responsible for lost, stolen and/or damaged phones or electronic devices at school Anti-Harassment – Title IX It is the policy of the Early Career Academy that discrimination on the basis of sex, including sexual harassment of student or applicants to the school, in any form is unacceptable conduct which will not be tolerated. Sexual harassment includes unwelcome sexual flirtations, advances or propositions, request for sexual favors, verbal abuse of a sexual nature, subtle pressure or request for sexual activities, unnecessary touching of an individual, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, a display in the school of sexually suggestive objects or pictures, sexually explicit or offensive jokes, physical assault and other verbal, visual or physical conduct of a sexual nature, including sexual violence. No student, applicant, teacher, or other employee of Early Career Academy shall threaten or insinuate, either explicitly or implicitly, that a student’s or applicant’s refusal to submit to sexual advances will adversely affect that person’s admission, grades, studies or educational experience at ECA. Similarly, no teacher or other employee of ECA shall promise, imply or grant any preferential treatment in connection with any student or applicant with the intent of rewarding for or engaging in sexual conduct. Other types of discrimination and harassment that will not be tolerated include any unwanted or unwelcome words, gestures or actions of a persistent or offensive nature involving any person’s race, religion, color, age, sex, sexual orientation, national origin, disability, gender or any other protected status. Harassment of this nature also includes any conduct, whether verbal, visual or physical, relating to or involving a person’s race, religion, color, age, sex, sexual orientation, national origin, disability, gender or any other protected status that is sufficiently pervasive or severe to: (i)unreasonably interfere with a student’s education at the school or a student’s admission to a program offered by the school; or (ii) create an intimidation, hostile or offensive learning environment for students. Any student who believes he or she has been subjected to discrimination, including sexual or other harassment, (by an employee, another student, or a third party) is encouraged to report the incident(s) to school officials. Early Career Academy is committed to conducting a prompt investigation. Students and/or parents may file a complaint by contacting any member of school leadership, including the Executive Director, a counselor, a teacher, or the school’s Title IX Coordinator. Complaints may be made verbally, in person or by phone, or in writing by email or mail, or by submitting the complaint in writing and hand the document to one of the people listed above. Certain members of the school’s leadership team and the Title IX Coordinator are responsible for investigating these complaints. Investigations will be launched immediately upon the filing of a complaint, and will be completed promptly. Both parties will be notified in writing of the outcome of the investigation. Investigations and determinations will be based on a preponderance of evidence in accordance with federal requirements. Appropriate disciplinary sanctions of individuals who engage in sexual harassment will be implemented, and may include suspension or expulsion of a student and suspension and/or termination of an employee. 18 Students or employees who retaliate against individuals who report discrimination and harassment will be promptly disciplined. The school’s Title IX Coordinator will be responsible for ensuring that the school complies with and carries out its responsibilities under Title IX, including investigation of complaints alleging noncompliance with Title IX. Please refer questions about this policy to: Executive Director/Title IX Coordinator 5005 S. Wendler Dr., Tempe, AZ 85282 DBender@earlycareeracademy.com 602-734-7364 Inquiries may also be made to the regional office of the Office for Civil Rights: U.S. Department of Education, Office for Civil Rights, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310, Denver, CO 80204, Telephone: (303) 844-5695, Facsimile: (303) 844-4303. Bullying/Cyber-bullying The Early Career Academy also takes bullying seriously and any form of bullying, including cyberbullying, will not be tolerated. Each student will be required to sign the ECA Anti-Bullying Policy (which requirements shall be incorporated into the student handbook by reference). Bullying is a repeated behavior that can be face-to-face or through an electronic media. Bullying can be physical (hitting, kicking); verbal (taunting, teasing, racial slurs, verbal sexual harassment); or nonverbal (threatening or obscene gestures). Cyberbullying is the use of technology to bully, threaten, intimidate, harass, ridicule, or intimidate students or staff. If the individual committing the bullying behavior and the intended target are both students of the Early Career Academy, the location of the behavior is irrelevant and the action can be covered under school jurisdiction. It is the responsibility of any individual having knowledge of a bullying incident to immediately report that incident to the school administration. Weapons The possession or use of firearms, knives, tasers, guns of any kind (including gas or air-powered guns), other weapons, explosives or fireworks of any kind are prohibited on school property and during any school activity, except for law enforcement officers who are required to carry a firearm at all times. This policy also encompasses the possession of look-alike items. Any law enforcement officer who is required to carry a firearm on school premises or during any school activity must notify the school in writing of that requirement and provide a copy of the applicable directive that requires the officer to carry a firearm while on school premises and during school activities. The school reserves the right to inspect any and all items brought onto the school premises, including any building or parking lot. Except for law-enforcement officers as specified above, possession or use of a firearm, knife, taser, gun of any kind, other weapon or look-alike, explosive or firework on school premises or during any school activity will result in the student’s immediate expulsion from the school and law enforcement will be contacted. 19 Personal Property The school expressly disclaims all liability and responsibility of every kind and nature whatsoever for any loss, theft, damage, destruction, or other casualty to any personal property of any kind owned by any student, visitor, or other. Students are advised and warned they must personally take full and complete responsibility for safekeeping of all their property on school premises including parking area and during any school activities. The Executive Director maintains a lost and found. Soliciting In the interest of all students, teachers, and staff, no outside solicitation whatsoever is permitted on the campus, in the classroom or laboratory, regardless of the reason, without the express written consent of the Executive Director. Parking Policy Parking spaces for the disabled are marked and any vehicles parked in these spaces without the appropriate disabled designation will be towed at the owner’s expense. Visitor parking is permitted in the parking spaces designated for visitors. Students must not park in the visitors parking area. Unauthorized parking may result in the vehicle being towed at the owner’s expense and suspension of the individual’s on-campus driving/parking privileges. Dress Code While on school property, students must accept individual responsibility for appropriate dress. Certain items of dress are not acceptable due to safety reasons, such as shower clogs, and other similar type shoes. Some programs within the school may require more stringent dress codes for safety and professional reasons. Students are expected to wear clothing that adequately covers the person and to wear shoes on the school premises. Clothing must not contain printed material that may be considered vulgar or offensive language. More formal attire, as announced, may be required for special events or occasions. Students will maintain their own personal hygiene so as not to be offensive to fellow students and staff. Each teacher may set stricter dress and cleanliness requirements related to specific safety and hygiene factors for the particular class and laboratory setting. Such requirements will be either posted in each classroom and laboratory, or included in the course syllabus given to each student at the beginning of each course. Students violating the dress code will be asked to leave school until they are properly dressed and will be counted absents for the time they are not in class. 20 Discipline Policy In the event of suspected violations of the Student Code of Conduct, disciplinary actions may result. In dealing with disciplinary issues, the Executive Director, or designee, has the discretion to control and conduct any and all investigations of incidents involving disciplinary issues. Disciplinary actions may include, but are not limited to: behavioral advising, removal from class, detention, suspension, and/or a Discipline Hearing as deemed appropriate by school administrator. In all cases, documentation will be included in the student’s file and parents may be notified. Behavior Advising Behavior advising for discipline/behavioral issues is different from academic advising. A behavior advising session will occur if a student violates the Code of Conduct and the teacher/staff member believes that behavior advising is warranted. The behavior advising session will be documented in the student record. Behavior advising does not preclude additional disciplinary action. Removal from Class Teachers are authorized to immediately remove a student from the classroom if the student’s behavior violates the Student Code of Conduct, or is unruly or disruptive to the point it seriously interferes with the educational process of the class. Removal from class does not prohibit the school administration from pursuing or implementing additional disciplinary actions. Suspension According to A.R.S. 15-840, “Suspension" means the temporary withdrawal of the privilege of attending a school for a specified period of time. Typically, suspension is removal from school for not more than ten (10) consecutive school days, although a student’s suspension may exceed 10 days pending an expulsion decision; this decision is reserved for most serious breaches in the Student Code of Conduct. These students have the right to make up any missed classroom assignments and will be given the opportunity to make up missed work. While suspended, a student may not participate in any extracurricular or after-school activities. Expulsion According to A.R.S. 15-840, "Expulsion" means the permanent withdrawal of the privilege of attending a school unless the governing board reinstates the privilege of attending the school. Students who engage in serious misbehavior place themselves at the greatest risk of being expelled from school. Students whose misbehavior is both persistent and chronic also place themselves at greater risk for expulsion. Due Process According to A.R.S. 15-766, the due process hearing procedures prescribed in this section extend to the parents of a child, a student who has reached the age of majority, the public educational agency, or agencies involved in any decisions regarding the student. All due process hearings shall be conducted in accordance with federal and state laws governing the educational rights of children with known or 21 suspected disabilities. The state board of education shall adopt rules for implementing this section that comply with the following: 1. The parent, the adult student or the public educational agency or agencies may initiate due process hearing procedures under either of the following circumstances: (a) There is a proposal to initiate or change the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child. (b) There is a refusal to initiate or change the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to the child. 2. Either the parent, the adult student or the public educational agency or agencies may initiate a due process hearing by submitting a written request to the state educational agency and the public educational agency involved in any decisions regarding the student. The state educational agency shall provide a model form that any party may use in requesting a due process hearing. The public educational agency shall promptly forward any requests received to the state educational agency. Any request received by the state educational agency shall be transmitted immediately to the office of administrative hearings and the public educational agency. 3. A decision made in a hearing conducted pursuant to this section shall be final, except that any party involved in a hearing may bring a civil action in any court of competent jurisdiction without regard to the amount in controversy. Application of the Disciplinary Policy to Students with Disabilities, Child Find, or Student Due Process Rights According to A.R.S. 15-763 and Arizona Administrative Code (A.A.C.) R7-2-401, this policy shall be applied in a manner consistent with the rights secured under federal (IDEA 2004) and state law to students who are determined to be eligible for special education programs and services. A copy of the Procedural Safeguards for Individuals with Disabilities can be obtained from the Executive Director. 22 Resolution of Disputes Statement of Intent: To afford full consideration to student complaints concerning any aspect of the programs, facilities or other services offered by or associated with Early Career Academy. This complaint procedure is intended to provide a formal framework within which such complaints may be resolved. This procedure is not, however, a substitute for other available informal means of resolving complaints or other problems. Students are encouraged to communicate their concerns fully and frankly to members of the school faculty and administration. Reasonable measures will be undertaken to preserve the confidentiality of information that is reported during the investigation and to protect persons who report information from retaliation. Procedure All student complaints will be handled in the following manner: Step One – (Informal) Contact the Teacher Students are encouraged to communicate their complaints fully and frankly to their teacher. Step Two – (Informal) Appeal to the Career and Guidance Counselor If a complaint is not resolved to the student’s satisfaction, the student will, as soon as possible after the student’s discussion with the teacher, submit the complaint to the Career and Guidance Counselor. Step Three – (Formal) Contact the Executive Director If the complaint has not been resolved by the Career and Guidance Counselor, the complaint should be submitted, in writing, with the Executive Director. The Executive Director will meet with the student to discuss and respond to the complaint. The Executive Director’s response may be oral or written and will address the specific complaint and indicate what, if any, corrective action has been proposed or accomplished. Within three (3) school days of any such discussion, the Executive Director will prepare a written summary of the discussion, including any agreed upon or proposed solution to the students’ complaint. The Executive Director will take the necessary steps to ensure than any agreed upon solution or other appropriate action is taken. Step Four – (Formal) Contact the Board of Directors If the complaint has not been resolved by the Executive Director to the satisfaction of the student/parent, the complaint may be referred to the Early Career Academy Board of Directors. 23 Early Career Academy Computer and Electronic Information Policy Since the Early Career Academy resides on the campus of ITT Technical Institute, all ECA students must adhere to the policies ITT Technical institute has set out regarding the use of computers and electronic technology. The following is an excerpt from the ITT Technical Institute Student Handbook. All references to authorization must go through the Early Career Academy Executive Director or Guidance Counselor. Authorized Use of ITT Technical Institute Resources a) Use of ITT Technical Institute’s computing and a network system is limited to authorized users (i.e., students admitted and attending classes, faculty and staff only). b) User network IDs, computer sign-ons and passwords are the property of ITT Technical Institute and should never be shared. A user must use only his or her own network ID, computer sign-on or password and should never provide his or her network ID, computer sign-on or password to any other user; c) ITT Technical Institute’s resources or private computer hardware connected to ITT Technical Institute’s computer systems must not be used to provide access to any ITT Technical Institute’s network to anyone who is not an authorized user. No ITT Technical Institute resources may be used to route non-ITT Technical Institute network traffic through any ITT Technical Institute computer system without the prior written consent of ITT Technical Institute. d) All usage of ITT Technical Institute’s computing resources, networks, and software is to be made for legitimate educational, research, or employment purposes related to ITT Technical Institute. Any commercial or other use of ITT Technical Institute’s computing resources, networks, or software is strictly prohibited, and e) If ITT Technical Institute receives any evidence of any violation of this policy, security breach or use of ITT/ESI resources for an illegal purpose (including the unauthorized use of copyrighted materials or licensed software), ITT Technical Institute may terminate the user's network access without consent or notice and impose other disciplinary action. Electronic Mail a) All electronic mail ("e-mail") accounts and the contents thereof are the property of ITT Technical Institute. b) ITT Technical Institute uses its e-mail system to communicate important information to students. Students should check their e-mail accounts frequently. c) E-mail messages should not be regarded as private, and ITT Technical Institute cannot guarantee the confidentiality of e-mail messages for many reasons, including the following: e-mail messages may be saved indefinitely on the receiving computer, e-mail messages can be intentionally or accidentally forwarded to non-intended recipients, and e-mail messages may be improperly delivered by an e-mail system. d) ITT Technical Institute, although it does not regularly monitor e-mail communications, reserves the right to inspect, monitor, disclose or discontinue e-mail communications without consent or notice when consistent with and/or required by law; when there is evidence or reason to believe violations of law or ITT Technical Institute policy are taking or have taken place; or when computer maintenance or operational concerns require such action. 24 e) ITT Technical Institute e-mail services may not be used for: unlawful activities; commercial purposes (whether or not under the auspices of ITT Technical Institute); personal financial gain; or any other use that violates any other ITT Technical Institute policy or guideline, including any policy regarding intellectual property or regarding sexual or other forms of harassment. f) Each user must properly identify himself or herself as the originator of all e-mail messages he or she sends and shall not employ any false identity on e-mail messages. Users shall also not give the impression that they are representing or otherwise making statements on behalf of ITT Technical Institute unless appropriately authorized to do so. g) Users shall not be permitted to send unsolicited "junk" e-mail or mass electronic mailings or chain letters without a legitimate ITT Technical Institute educational purpose. h) ITT Technical Institute e-mail systems are intended for purposes related to ITT Technical Institute's educational mission. Incidental personal uses of the e-mail system may be made, however, provided such use does not: (1) burden ITT Technical Institute with noticeable incremental cost; (2) violate any provision of this policy; or (3) otherwise interfere with the operation of ITT Technical Institute's computing and network services. Users should be aware that such personal communications are not private and are subject to the same conditions as all other e-mail, as described above. Software Use ITT Technical Institute makes a variety of software programs and applications available to the authorized users of its computing systems. This software is generally licensed to ITT Technical Institute. Failure to adhere to the terms of such licenses can subject violators to legal action and can jeopardize ITT Technical Institute's ability to procure such software for its users. Users of ITT Technical Institute's computing systems must adhere to the following guidelines: a) Users should ensure they are covered by the appropriate site-license for each software program or application they use. To determine whether you are an authorized user, contact the Executive Director. b) Unauthorized copying of software is illegal and strictly prohibited, even when such software is not protected against copying. There is generally a no "fair use" provision for copying software. ITT Technical Institute’s software licenses do not permit you to obtain a copy of any of its software programs for your use or installation on any computer. c) Software must not be removed or copied from any ITT Technical Institute hardware or system without prior written authorization from the Executive Director. d) Personal software must not be installed or downloaded from the internet onto any ITT Technical Institute hardware or system without written authorization from the Executive Director. Internet Use and Creation of Web Pages All use and access of the Internet from ITT Technical Institute's computing systems is subject to the following guidelines: a) Access to pornographic, gambling, “hate speech”, or similar websites is strictly prohibited. Websites accessed by ITT Technical Institute's computing systems users may be monitored. b) The Executive Director must authorize any web page created. Each such web page must include contact information, including an e-mail address, of the writer or publisher on each page. 25 c) Creation of any web page must comply with copyright laws for all content, including photographs, illustrations, and other graphic images that were created by others. Downloading an image from any web site without permission usually violates copyright law. See also “Copyright Infringement is Prohibited” contained herein. d) Any personal, club or organization web page created must be clearly marked with a legend indicating that such page is personal in nature and does not represent the views or opinions of ITT Technical Institute. e) While ITT Technical Institute does not typically provide editorial review of web pages, ITT Technical Institute reserves the right to edit or terminate such pages at any time to comply with third party complaints, any applicable law or regulation, or computer and network management concerns. Proper and Responsible Use of ITT Technical Institute Computing Systems a) Users of ITT Technical Institute's computing systems must respect the privacy and rules governing all information accessible through the systems. For example, users must not intentionally seek information on, obtain copies of or modify files, tapes or passwords belonging to other users or ITT Technical Institute available on ITT Technical Institute's computing systems. b) Users of ITT Technical Institute's computing systems must respect the finite capacity of the computing systems. For example, users shall limit usage of the computing systems so as to not interfere with the usage of others and must not use the computing systems for profitmaking or fundraising activities without specific prior written authorization from the Executive Director to do so. c) Users of ITT Technical Institute's computing systems must respect the integrity of the computing systems. For example, users must not download, transmit, or install any virus, Trojan horse, worm, or other potentially destructive code on any ITT Technical Institute computing system. d) Users of ITT Technical Institute's computing systems must ensure that their usage of such systems complies with all applicable local, state and federal laws. 26 Appendix 1 Early Career Academy Section 504 Policies and Procedures Manual Section 504 of the Rehabilitation Act of 1973 is a civil rights statute which provides: “No otherwise qualified individual with a disability in the United States...shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” 29 USC § 794. Overview What is Section 504? Section 504 is a federal civil rights law designed to eliminate disability discrimination in programs and activities that receive federal funds. All public schools receive federal funds, therefore denying a disabled student a Free and Appropriate Education (FAPE) constitutes disability discrimination. Who is a "qualified" individual with a disability? For elementary and secondary education programs, regulations define a qualified individual with a disability as one who is: (a) of an age during which non-disabled individuals are provided with educational services; (b) of any age during which it is mandatory under state law to provide such services to disabled individuals; or (c) entitled to FAPE under IDEA. Who is eligible under Section 504? Section 504 covers qualified students with disabilities who attend schools receiving federal funds. To be protected, a student must be determined to: (a) have a physical or mental impairment that substantially limits one or more major life activities; (b) have a record of such impairment; or (c) be regarded as having such impairment. The Department of Education’s Office for Civil Rights (OCR) enforces four federal statutes that prohibit discrimination in programs and activities receiving federal financial assistance from the U.S. Department of Education. Notice of Non-discrimination Early Career Academy does not discriminate on the basis of race, color, gender, sex, gender identity, disability, religion, ancestry, national or ethnic origin, age or any characteristic that is legally protected under applicable local, state or federal law in the administration of its educational policies, behavior policies, admissions policies, scholarship and loan programs, food service and athletic or other schooladministered programs. 27 Early Career Academy abides by the U.S. Department of Education Office of Civil Rights, Title VI and VII (Civil Rights Act of 1964), the Equal Pay Act of 1973, Title IX (Educational Amendments), Section 504 (Rehabilitation Act of 1973), the Age Discrimination Act of 1975 and the Americans with Disabilities Act (42 USCS § 12101,et.seq.) and all other Federal Civil Rights Acts. The following person has been designated to handle inquiries regarding Early Career Academy’s nondiscrimination and Federal compliance policies: 504 Coordinator Early Career Academy 5005 S. Wendler Dr. Tempe, AZ 85282 602-734-7364 Dr. Dean Kempter, Chief Academic Officer ITT/ESI 13000 N. Meridian Rd. Carmel, IN 317-706-9200 Complaints regarding Section 504 may be directed to Early Career Academy 504 Coordinator, 5005 S. Wendler Drive, Tempe, AZ 85282 or by phone or email at 602-734-7364. Inquiries may also be made to the regional office of the OCR directly: U.S. Department of Education, Office for Civil Rights, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Suite 310, Denver, CO 80204, Telephone: (303) 8445695 / Facsimile: (303) 844-4303. Annual Notice to Parents In compliance with state and federal law, Early Career Academy will provide to each protected student with a disability 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 extracurricular activities to the maximum extent appropriate to the student’s abilities. In order to qualify as a protected student with a disability, the student must be of school age with a physical or mental impairment which substantially limits or prohibits participation in or access to an aspect of the school program. These services and protections for “protected students who are disabled” are distinct from those applicable to all eligible or exceptional students enrolled (or seeking enrollment) in special education programs. For further information on the evaluation procedures and provision of services to protected disabled students, contact the school’s 504 Implementation Coordinator: Debra Bender, Executive Director, Early Career Academy, 5005 S. Wendler Drive, Tempe, AZ 85282, 602-734-7364. 28 Notice of Procedural Safeguards SECTION 504, THE REHABILITATION ACT OF 1973 The Rehabilitation Act of 1973, commonly referred to as Section 504, is a federal nondiscrimination statute. The purpose of the Act is to prohibit discrimination and to assure that disabled students have educational opportunities and benefits equal to those provided to nondisabled students. An eligible student under Section 504 is a student who (a) has, (b) has a record of having, or (c) is regarded as having a physical or mental impairment which substantially limits a major life activity (such as learning, self-care, walking, seeing, hearing, speaking, breathing, working and performing manual tasks) or a major bodily function (such functions include immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions). Many students who meet the definition of an “individual with a disability” under Section 504 also qualify for services under the Individuals with Disabilities Education Act (IDEA). This document does not address these students or their parents. Such students are served pursuant to the requirements of the IDEA. The rest of this document addresses only the rights of parents of students who satisfy the definition of an individual with a disability under Section 504 but do not qualify under IDEA. The purpose of this Notice is to delineate the procedural rights assured by Section 504. The enabling regulations for Section 504 at 34 CFR Part 104, entitle students to the following rights: 1. Your student has the right to an appropriate education designed to meet his/her individual educational needs as adequately as the needs of nondisabled students are met. 34 CFR § 104.33. 2. Your student has the right to free educational services except for those fees that are imposed on nondisabled students or their parents. Insurers and similar third parties are not relieved from an otherwise valid obligation to provide or pay for services provided to a disabled student. 34 CFR § 104.33. 3. Your student has a right to placement in the least restrictive environment. 34 CFR § 104.34. 4. Your student has a right to facilities, services, and activities that are comparable to those provided to nondisabled students. 34 CFR § 104.34. 5. Your student has a right to an evaluation prior to an initial Section 504 placement and any subsequent change in placement. 34 CFR § 104.35. 6. Testing and other evaluation procedures must conform to the requirements of 34 CFR § 104.35 as to validation, administration, areas of evaluation, etc. Early Career Academy shall consider information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, adaptive 29 behavior, physical or medical reports, student grades, progress reports, parent observations, anecdotal reports, and assessment scores. 34 CFR § 104.35. 7. Placement decisions must be made by a group of persons (i.e., Section 504 Committee), including persons knowledgeable about your student, the meaning of the evaluation data, the placement options, and the legal requirements for least restrictive environment and comparable facilities. 34 CFR § 104.35. 8. If eligible under Section 504, your student has a right to periodic reevaluations, generally every three (3) years. 34 CFR § 104.35. 9. You have the right to notice prior to any action by Early Career Academy in regard to the identification, evaluation, or placement of your student. 34 CFR § 104.36. 10. You have the right to examine relevant records. 34 CFR § 104.36. 11. You have the right to an impartial hearing with respect to the Early Career Academy’s actions regarding your student’s identification, evaluation, or educational placement, with opportunity for parental participation in the hearing and representation by an attorney. 34 CFR § 104.36. 12. If you wish to challenge the actions of the Early Career Academy’s Section 504 Committee in regard to your student’s identification, evaluation, or educational placement, you should file an oral or written request for a due process hearing with the Early Career Academy’s Section 504 Coordinator. 34 CFR § 104.7. 13. If you disagree with the decision of the impartial hearing officer, you have a right to a review of that decision by a court of competent jurisdiction. 34 CFR § 104.36. 14. You also have a right to file a complaint with the Office for Civil Rights. The address of the regional office with jurisdiction over Arizona is: Office for Civil Rights Denver Office U.S. Department of Education Cesar E. Chavez Memorial Building 1244 Speer Blvd., Suite 310 Denver, CO 80204-3582 Telephone: 303-844-5695* Fax: 303-844-4303 E-mail: OCR.Denver@ed.gov 15. You may seek reimbursement for attorney fees. My signature indicates that I have received this Notice of Procedural Safeguards. ________________________________________________________________ Date: ____________ 30 Copies to: _____ Parent/guardian _____ School Section 504 file ____Early Career Academy Section 504 Coordinator 31 Section 504 Parental Rights Pursuant to Section 504 of the Rehabilitation Act of 1973, disabled students and their parents or guardians are entitled to procedural safeguards with respect to actions taken by Early Career Academy regarding the identification, evaluation, or educational placement of students who are identified under this statute. In this regard the following rights are afforded: 1. Notice of any action taken with regard to identification, evaluation, or educational placement of a disabled student; 2. An opportunity to examine relevant records; 3. An impartial hearing with the opportunity for participation by the disabled student’s parents/guardians and representation by counsel; and 4. A review procedure. If you would like further explanation of these rights, please contact Guidance Counselor or Section 504Coordinator at 602-734-7364. Section 504 Parental Rights were given by _________________________________________________ on this date; ____/_____/________ (date) for this student; ______________________________________________________________________________; whose birthdate is: ____________________; and who attends Early Career Academy. Copies to: _____ Parent/guardian _____ School Section 504 file _____ Early Career Academy Section 504 coordinator 32 Section 504 Informational Notice Section 504 of the Rehabilitation Act of 1973, is a civil rights statute, which prohibits discrimination against persons with a disability in any program or activity receiving federal financial assistance. The statute defines a person with a disability as anyone who: Has a mental or physical impairment which substantially limits one or more major life activities (major life activities include activities such as caring for one’s self, performing manual tasks, walking, seeing, hearing speaking, breathing, learning, and working) or major bodily functions (such functions include immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions); Has a record of such impairment; Is regarded as having such impairment. In order to fulfill its obligation under Section 504, Early Career Academy recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel and students. No discrimination against any person with a disability will knowingly be permitted in any of the programs or activities in Early Career Academy. Early Career Academy has specific responsibilities under Section 504, which include the responsibility to identify, evaluate, and if the student is determined to be eligible under Section 504, to afford access to appropriate educational services. If the parent/guardian disagrees with the determination made by the professional staff of the (School System), s/he has a right to a hearing with an impartial hearing officer. The Family Educational Rights and Privacy Act (FERPA) also specify rights related to educational records. FERPA gives parents/guardians the right to: Inspect and review his/her student’s educational records; Make copies of his/her student’s educational records; Receive a list of all individual(s) having access to his/her student’s educational records; Ask for an explanation of any item in the records; Ask for an amendment to any report on the grounds that it is inaccurate, misleading, or violates the student’s rights; and A hearing on the issues if the school refuses to make the amendment. 33 Parent/Student Rights in Identification, Evaluation, and Placement The following is a description of the rights granted to students with a disability by Section 504 of the Rehabilitation Act of 1973, a civil rights statute, which prohibits discrimination against persons with a disability in any program or activity receiving federal financial assistance. The intent of the law is to keep you fully informed concerning decisions about your student and to inform you of your rights if you disagree with any of these decisions. You have the right to: 1. Have the student take part in, and receive benefits from public education programs without discrimination because of his/her disability; 2. Have Early Career Academy advise you of your rights under federal law; 3. Receive notice with respect to identification, evaluation, or placement of the student; 4. Have the student receive a free appropriate public education. This includes the right to be educated with non-disabled students to the maximum extent appropriate. It also includes the right to have Early Career Academy make reasonable accommodations to allow your student an equal opportunity to participate in school and school-related activities; 5. Have the student educated in facilities and receive services comparable to those provided non-disabled students; 6. Have the student receive special education and related services if s/he is found to be eligible under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act; 7. Have evaluation, education, and placement decisions made based upon a variety of information sources, and by persons who know the student, the evaluation data, and placement options; 8. Have the student afforded an equal opportunity to participate in nonacademic and extracurricular activities offered by Early Career Academy; 9. Examine all relevant records relating to decisions regarding the student’s identification, evaluation, education program, and placement; 10. Obtain copies of education records at a reasonable cost, unless the fee would effectively deny you access to the records; 11. A response from Early Career Academy to reasonable requests for explanations and interpretations of the student’s records; 12. Request the amendment of the student’s educational records if there is reasonable cause to believe that they are inaccurate, misleading, or otherwise in violation of the privacy rights of 34 your student. If Early Career Academy refuses this request for amendment, it shall notify you within a reasonable time, and advise you of the right to a hearing on the matter of a record amendment; 13. File a local grievance; 14. Request an impartial due process hearing related to decisions or actions regarding the student’s identification, evaluation, educational program or placement. You and the student may take part in the hearing and have an attorney represent you. Written hearing requests must be submitted to the 504 Coordinator/designee of Early Career Academy. The hearing must be held no less than 15 days from the date a hearing officer is appointed or later if the hearing officer grants a continuance. Reasons for the due process hearing request: a) Denied identification, evaluation or educational placement; b) Placed in a setting which is not the least restrictive environment; c) Denied appropriate services due to inaccessibility of programs; d) Denied modifications to regular education program because of identified disability; e) Denied participation in extracurricular and nonacademic activities due to disability. 15. Request payment of reasonable attorney fees. Awards of attorney fees are discretionary in Section 504 hearings. The person in Early Career Academy who is responsible for ensuring compliance with Section 504 is the Section 504 Coordinator: Debra Bender, Executive Director. 35 Receipt of Notice of Procedural Safeguards and Rights Student Name: ________________________________________________________________________ DOB: ____________________ Student ID No.: ________________________________ Grade: _______ School: _________________________________ Teacher: ______________________________________ This is to verify that I have received copies of the Section 504 Notice of Procedural Safeguards and Parent and Student Rights in Identification, Evaluation, and Placement, which inform me of my rights throughout the educational process. The rights have been explained to me by: _______________________________________________ ________________________________ Name, Position on ___________________________. Date I understand that my rights include the right to receive: (1) This and all other written notices in the language that I understand (primary language) or, if needed, a translation of such orally, in sign language, or Braille, as appropriate, and (2) Answers from school personnel to additional questions. My signature below indicates that I received a copy of the Section 504 Parent and Student Rights in Identification, Evaluation, and Placement and understand its contents. _____________________________________________ ________________________________ Signature of Parent/Guardian Date _____________________________________________ ________________________________ Signature of Parent/Guardian Date Copies to: _____ Parent/guardian _____ School Section 504 file _____ Early Career Academy Section 504 coordinator 36 Section 504 Complaint/Grievance Procedures It is the policy of the Early Career Academy not to discriminate on the basis of disability. Early Career Academy has adopted an internal complaint/grievance procedure providing for prompt and equitable resolution of complaints alleging any violation of Section 504 of the Rehabilitation Act of 1973. Any person who believes he or she has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for Early Career Academy to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. Early Career Academy has both informal and formal mechanisms for addressing concerns about disability discrimination and any other potential violation of Section 504. Informal Process A person who believes he or she has been discriminated against is encouraged, but not required, to discuss the matter informally with the Section 504 Coordinator within 10 calendar days after an alleged violation has occurred. The Section 504 Coordinator shall convene a conference within five calendar days after receipt of the request. Formal Process If the informal process fails to satisfy the grievant, or if the grievant does not wish to use the informal procedures, a grievance may be processed as follows: Step 1: The grievant shall file a grievance on the form provided by the central office. The grievant should present the grievance orally or in writing to the Section 504 Coordinator. The grievance shall be submitted within 10 calendar days after an alleged violation has occurred or within 5 calendar days following the informal conference. Oral complaints will be reduced to writing. If the Section 504 Coordinator is the subject of the complaint, the complaint should be submitted to the Executive Director, who will appoint another administrator to conduct the investigation. Within 20 calendar days of the receipt of the grievance, the Section 504 Coordinator (or other administrator) shall conduct an investigation regarding the complaint. The investigation shall include an interview of the parties and witnesses, a review of the relevant evidence, and any other steps necessary to ensure a prompt and thorough investigation of the complaint. A written disposition shall be issued within 10 calendar days of completion of the investigation. Copies of the disposition will be given to both the grievant and the person who is the subject of the complaint. Step 2: If the grievant is not satisfied at Step 1, the grievant may refer the grievance to the Executive Director within 10 calendar days after receipt of the Step 1 answer. The Executive Director or his designee shall respond to the complaint, in writing, within 10 calendar days of the date of the appeal. Copies of the response will be given to both the grievant and the person who is the subject of the complaint. Step 3: If the grievant is not satisfied at Step 2, the grievant may within 10 days request a Due Process Hearing provided the complaint involves an issue related to the identification, evaluation or placement 37 of the student. This hearing shall follow the same procedures as required in the cases involving parents and students. Definitions Grievance: A “grievance” shall mean any claim by an employee, student, or third party that there has been a violation, misinterpretation, or misapplication of the terms of Section 504. Advanced Step Filing: Grievances may be initially filed at Step 1 thereby eliminating the informal conference. No Reprisals: No reprisals shall be taken by the Board or its agents against any individual because of participation in this process. Withdrawal: A grievance may be withdrawn at any level without establishing a precedent. Time Limitations: An extension of the time limits is permissible by mutual consent of the parties at any level. 38 Section 504 Complaint/Grievance Form Date ________________________ School _________________________________________________ Name ______________________________________________ Phone __________________________ Address ____________________________________________________________________________ Person(s) who you believe discriminated against you/student (Please include the individual’s title): _____________________________________________________________________________________ Please provide a brief description of what happened, when it happened, and who was involved. (Please attach additional pages, if necessary). _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Explain what steps, if any, you have already taken to resolve this matter: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Describe how you would like to see this matter resolved: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________ _______________________________________ ______________________________________________ _____________________________________ Signature Print name *Please attach any documents or other documents or information you think will help with the investigation of your complaint. You also have the right to file a complaint with the regional office of the U.S. Department of Education’s Office for Civil Rights without going through Early Career Academy’s grievance procedures. 39 Due Process Hearing Procedures Section 504 of the Rehabilitation Act of 1973 provides parents with the right to an impartial due process hearing to contest any action of Early Career Academy with regard to a student’s identification, evaluation or placement. 34 CFR §104.36. The parent has the right to personally participate and to be represented at the hearing by an attorney at the parent’s expense. Request for Due Process A parent who wishes to challenge Early Career Academy’s action or omission with regard to the identification, evaluation or placement of a student who has or is believed to have a disability, shall make an oral or written request for a due process hearing to Early Career Academy’s Section 504 Coordinator. If a request is received orally, it should be reduced to writing or the parent/guardian should be provided a form for such purpose. The written request must clearly state that the parent is seeking a Section 504 due process hearing. Early Career Academy cannot refuse a parent’s due process hearing request. Early Career Academy cannot unilaterally determine whether a due process hearing is warranted, as such decisions are reserved to the impartial hearing officer. Hearing Officer Early Career Academy will appoint an impartial hearing officer to preside over the hearing and issue a decision. Such appointment will be made within 15 calendar days of the date of receipt of a request for a due process hearing. The hearing officer will be hired by Early Career Academy as an independent contractor at no expense to the parent. The hearing officer cannot be a current employee of Early Career Academy, and cannot be related to any member of Early Career Academy’s board of directors. The hearing officer need not be an attorney, but must be familiar with the requirements of Section 504 and the Early Career Academy’s hearing procedures. Early Career Academy’s choice of an impartial hearing officer is final and may not be presented as an issue at the due process hearing, since such an issue would not relate to the identification, evaluation, or placement of a student. If a parent disputes the impartiality of the hearing officer, the parent may raise such issue in a review of the hearing officer’s written opinion by a court of competent jurisdiction or in a complaint to the Office for Civil Rights. The regional office which covers Arizona is Office for Civil Rights, Denver Office U.S. Department of Education, Cesar E. Chavez Memorial Building, 1244 Speer Blvd., Suite 310, Denver, CO 80204-3582. Telephone: 303-844-5695* Fax: 303-844-4303 E-mail: OCR.Denver@ed.gov. Scheduling of Hearing The appointed hearing officer must issue a written order setting hearing date. The date for the hearing must be within 15 calendar days of the date of the hearing officer’s appointment. The order must set a mutually agreeable time and place for the hearing. Continuances Upon a showing of good cause the hearing officer may grant a continuance of the hearing date and set a new hearing date. Legal Representation at Hearing Early Career Academy and parent may be represented by an attorney at each party’s expense. 40 Pre-Hearing Conference The hearing officer may order a pre-hearing conference during which the parent or the parent’s attorney will state and clarify the issues to be addressed at the hearing. The pre-hearing conference will also serve to resolve preliminary matters, clarify jurisdictional issues, and answer the parties’ questions regarding the hearing process. The pre-hearing conference can be held via telephone. Dismissals If, following the pre-hearing conference, the hearing officer determines that the parent, as a matter of law, alleges no claims or issues within the jurisdiction of Section 504, the hearing officer may dismiss the hearing request and issue an order to that effect explaining the basis for such finding. Hearing The hearing should be conducted in an informal manner. The hearing should be closed or open to the public at the parent’s request. The hearing officer may reasonably limit testimony and introduction of documentary exhibits. Recording The due process hearing may be audio or video tape-recorded. The parent may obtain a copy of the tape-recording. The parties and witnesses should introduce themselves at the beginning of their presentations. If a parent or Early Career Academy appeals the due process hearing decision to a court of competent jurisdiction, Early Career Academy will prepare a written transcript of the hearing for the court at no expense to the parent. Format of Presentation Each side will have an equal amount of time to present their positions to the hearing officer, who will make the determination as to time constraints based upon the issues involved. The parent will present its case first. Early Career Academy will present its case next. All of the preceding may be done either personally or through an attorney. At the conclusion of Early Career Academy’s case, the parent may offer a brief rebuttal. Submission of Documentary Exhibits The parties may submit any reports, evaluations, correspondence, notes, or any other documents that may support their positions and that the hearing officer will admit at his /her discretion. Exhibits submitted to the hearing officer by either party must be marked. The hearing officer may, in the exercise of discretion, reasonably limit the number of documents to be submitted for review, as well as the number of witnesses and the length and/or scope of their presentations or statements. Closing Argument/Briefs The hearing officer may allow or request written briefs summarizing and characterizing the information presented at the hearing including legal authority in support of each party’s position. The hearing officer will set time lines for the submission of briefs at the conclusion of the hearing. Decision The hearing officer may make an oral ruling at the conclusion of the hearing or take the case under advisement, but, in all cases, the hearing officer shall issue a written opinion addressing and ruling on all issues raised by the parties, indicating what corrective action, if any, Early Career Academy must take. Formal findings of fact and conclusions of law are required. Any issue or claim raised by the parent that is left unaddressed by the hearing officer will be deemed to have been denied. The written decision 41 must be issued within 45 calendar days of the date the request for a due process hearing is received by Early Career Academy. The hearing officer may not award attorneys’ fees to the prevailing party. Review Procedure/Appeal Parties not satisfied by the decision of the hearing officer may appeal the decision to state or federal court. Complaints to the Office for Civil Rights (OCR) A parent may file a complaint with the Office for Civil Rights (OCR) if the parent alleges that Early Career Academy violated any provision or regulation of Section 504. The filing of a complaint does not affect the hearing process or the time lines set forth above. OCR addresses Section 504 complaints separately and independently of the local hearing process, in accordance with the guidelines set forth in OCRs Case Processing Manual. A parent should contact OCR or consult its Case Processing Manual concerning timeframes for filing OCR complaints. The OCR office for Arizona is: Office for Civil Rights Denver Office U.S. Department of Education Cesar E. Chavez Memorial Building 1244 Speer Blvd., Suite 310 Denver, CO 80204-3582 Telephone: 303-844-5695* Fax: 303-844-4303 E-mail: OCR.Denver@ed.gov The OCR national office is: U.S. Department of Education Office for Civil Rights Lyndon Baines Johnson Department of Education Bldg 400 Maryland Avenue, SW Washington, DC 20202-1100 Telephone: 800-421-3481 Fax: 202-453-6012 TDD: 877-521-2172 Email: OCR@ed.gov 42