LEGAL NOTICES AND POLICIES

Yearly Legal Notices and Policies 

The New Haven Community Schools, and other school districts throughout the state, participate in Safe and Drug Free Schools federal program to help support drug and violence prevention programming for students and prevention education for parents and community.  School districts must specify grant goals, make an effort to achieve the goals, and then report the extent of goal attainment to school, parents, and community. Any questions about New Haven’s Safe and Drug Free Schools Grant can be directed to Central Office at 586-749-5123.

In accordance with Federal Law, the Board of Education prohibits the use, possession, concealment, or distribution of drugs by students on school grounds, in school or school-approved vehicles, or at any school related event.  Drugs include any alcoholic beverage, anabolic steroid, and dangerous controlled substance as defined by state statute or a substance that could be considered a “look-a-like” controlled substance.

Compliance with this policy is mandatory for all students.  Any student who violates this policy will be subject to disciplinary action, in accordance with the due process guidelines as specified in the student handbook, up to and including expulsion from school.  When required by state law, the district will also notify law enforcement officials.  The district is concerned about any student who is a victim of alcohol or drug abuse and will facilitate the process by which they receive help through programs and services available in the community.

Students and/or their parents should contact the school principal or counseling office whenever help is needed.

All public school districts, including New Haven Community Schools, are tobacco free by State Law.  This law was enacted to protect children, school employees, and visitors from the dangerous effects of secondhand smoke.

Tobacco use is prohibited at all times in all school buildings and vehicles owned by the school.  This law was amended to ban the use of tobacco products on school grounds, except during weekends, holidays, and after 6:00 p.m. on school days.  This law states that a violation requires school personnel to contact local law enforcement personnel and mandates a $50.00 fine.

The New Haven Community Schools is dedicated to drug free schools.

Federal Family Education Rights and Privacy Act (FERPA) Issues
NOTE: The following are the federal act, plus the New Haven Community Schools policy and directions, in regards to certain rights with respect to a student’s education records. The federal act identifies students’ rights. The district policy explains how the act is applied locally.  The directions explain how a student may proceed locally under the federal act.

Official Federal Family Education Rights and Privacy Act (FERPA)The Family Education Rights and Privacy Act(FERPA affords parents and students over 18 years of age certain rights with respect to the student’s education records.  They are:

The right to inspect and review the student’s education records within 45 days from the day the district receives a request for access.

Parents or eligible students should submit to the Superintendent of Schools a written request that identifies the record(s) they wish to inspect.  The Superintendent will make arrangements for access and notify the parent(s) or eligible student of the time and place where the records may be inspected.

The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading.

Parents or eligible students may ask New Haven Community Schools to amend a record that they believe is inaccurate or misleading.

If the district decides not to amend the records as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

One exception which permits disclosure without consent is disclosure to school officials with legitimate education interests.  A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including heath or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

Schools must disclose personally identifiable information from a student’s education record, without parental consent, to a child welfare agency or a tribal organization if: (1) the welfare agency or tribal organization is legally responsible for the student’s care and protection, and (2) the welfare agency or tribal organization will not re-disclose the personally identifiable information except to an individual or entity engaged in addressing the student’s educational needs.

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA.  

The name and address of the office that administers FERPA is: Family Policy Compliance Office,U.S. Department of Education, 400 Maryland Avenue SW, Washington  DC  20202-4605.

It is the policy of New Haven Community Schools not to release student lists, addresses, phone numbers, or most other directory information as defined by the Family Education Rights and Privacy Act (FERPA).

There are occasions, such as the publishing of athletic or activity programs, honor roll, and awards where the school may desire to publish some unlimited information about the student.  Annually, the Board gives this notification to parents/guardians of students in the district so directory information may be published from time to time during the school year.

Parents have the right to register objects to the release of such information by the school. Each school year, the deadline to register such complaints is by the first Monday in October of the current school year. Parents must register such complaint in writing. Address any such complaint to the Superintendent of Schools. In cases where there is a complaint, no information will be released for those students.

Parents and Students Rights and Directions Under the FERPA Act
The Family Education Rights and Privacy Act (FERPA) affords parents and students over 18 years of age certain rights with respect to the student's education records. They are:

• The right to inspect and review the student’s education records within 45 days from the day the district receives a request for access.
• Parents or eligible students should submit to the Superintendent of Schools a written request that identifies the record(s) they wish to inspect.  The Superintendent will make arrangements for access and notify the parent(s) or eligible student of the time and place where the records may be inspected.
• The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate or misleading.
• Parents or eligible students may ask New Haven Community Schools to amend a record that they believe is inaccurate or misleading. 
• If the district decides not to amend the records as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
• The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
• One exception which permits disclosure without consent, is disclosure to school officials with legitimate education interests.  A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including heath or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing 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 professional responsibility.
• The right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA.   The name and address of the office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington  DC  20202-4605.

The Children’s Internet Protection Act (CIPA) was signed into law on December 21, 2000.  Under CIPA, no school or library may receive federal funds unless it certifies that it is enforcing a policy of Internet safety that includes the use of filtering or blocking technology.  This Internet Safety Policy must protect against access, through computers with Internet access, to visual depictions that are obscene, child pornography, or harmful to minors.  This law went into effect on July 1, 2001.

This notice is to inform parents of students in the district that although no filtering software is foolproof, New Haven Community Schools complies with this federal law and applicable State Law (Michigan Public Act 212) and filters all computers that have access to the Internet for all students.  The district filters all student internet access by means of the Acceptable Use Agreement, which must be signed by all who have access to district computers with Internet access.

The New Haven Community Schools has compiled student records for use in providing appropriate educational programs and services to our students.  Management and use of these records, and access to them, is controlled by Board of Education policy.  It is the policy of the school district not to release student lists, addresses, phone numbers, or most other directory information as defined by the Family Educational Rights and Privacy Act (FERPA). 

The Board has designated the following as “directory information” to be disclosed without prior written consent: Student name, address, Names of parents, Student’s birth date, Class (1^st grade, etc.), Student extracurricular participation, School or school districts student has attended, Student’s attendance record, Student awards/honors (not specific grades), Student’s weight and height, if a member of an athletic team, Student’s photograph. 

There are occasions, such as the publishing of athletic or activity programs, honor roll or awards, yearbook, and graduation programs, where the school may desire to publish some unlimited information about the student.  Annually, the Board gives this notification to parents/guardians of students in the district that this directory information may be published from time to time during the school year. 

Under the No Child Left Behind Act of 2002, the district is required to provide military recruiters the same access to high school student information as we do to college and job recruiters, unless parents formally object to this release.  Parents have the right to request that directory information not be released to military recruiters or recruiters from institutions of higher education.  A form documenting this request is available in the High School office and in the policy discussion below titled Notice of Military Solicitation of Student Information.  For each school year, parents must register their objection to the release of this information, in writing, by the first Monday in October of the current school year.  Address any written requests to block the release of information to the Superintendent of Schools. 

Also, in accordance with State and Federal law, unless there is a formal objection the New Haven Community Schools must release the names, addresses and telephone numbers of high school students to U. S. military recruiters and institutions of higher education.  If parents or students eighteen (18) years of age or older do not want this information released, please notify the school superintendent’s office in writing.  We will honor such requests. When writing, please include the student name, grade level and school of attendance.  You can also email your request to Student Solicitation Form.

In compliance with the Asbestos Hazard Emergency Response Act (AHERA), the New Haven Community Schools is publishing this notice annually to all staff and family of students of the school district.  An independent accredited asbestos inspector (for the presence of asbestos containing building materials) has inspected all buildings of New Haven Community Schools.  A final report of the findings of these inspectors has been received by the Board of Education and has been filed with the Michigan Department of Public Health. A copy of the report is also available for review in the Administrative Office of the school district, 30375 Clark Street, P.O. Box 482000, New Haven, MI  48048. 

Public Act 451 of 1976, as amended, requires school districts to inform parents/guardians regarding the application of pesticides made in school and on school properties.  As a part of the New Haven Community Schools pest management program, pesticides may be applied in district buildings.  Applications of pesticides by certified applicators occur randomly on an “as needed” basis during non-school hours or when persons are not using the treated areas.  This application will take place in all schools in the following areas; kitchens, multipurpose rooms, cafeterias, teacher workrooms, offices and kitchen storage areas.  There will also be maintenance applications of pesticides applied each month after school hours according to the following schedule: ALL DISTRICT BUILDINGS – the 3rd Tuesday of the month.

Parents or guardians have the right to be informed prior to any pesticide application made to school grounds and/or buildings during regular school hours.  In certain emergencies, pesticides may be applied without prior notice, but you will be provided notice following such application.

If you would like prior notification of pesticide applications other than the monthly maintenance application, please complete the information requested on the Request for Prior Notification of Pesticide Application form and submit no later than the first Friday in October of the current school year to: New Haven Community Schools, Superintendent, P.O. Box 482000, New Haven, MI  48048.

New Haven Community Schools is subject to federal and state regulations to restrict the spread of the Hepatitis B Virus (HBV) and Human Immune-Deficiency Virus (HIV) in the workplace.  These regulations are designed to protect employees of the district who are, or could be, exposed to blood or other contaminated bodily fluids while performing their job duties.  Because of the very serious consequences of contracting HBV or HIV, the district is committed to taking the necessary precautions to protect both students and staff from its spread in the school environment.

Part of the mandated procedures includes a requirement that the district request the person who was bleeding to consent to be tested for HBV and HIV.  The law does not require parents or guardians to grant permission for the examination of their child’s blood, but it does require the district to request that consent.  For further information, contact Central Office at 586-749-5123.

Americans With Disabilities Act
The New Haven Community Schools complies with the Americans With Disabilities Act of 1990, Public Law 101-336 (ADA), which prohibits discrimination on the basis of disability.  The ADA, as applied to school districts, requires that no qualified individual with a disability shall, on the basis of disability, be denied the benefits of school district services, programs or activities.

In accordance with Section 35.105 of the ADA’s Title II Regulations, all applicants, participants, beneficiaries, and other interested persons are advised that further information may be obtained from the New Haven Community Schools and from the Office of Americans With Disabilities Act, Civil Rights Division, U.S. Department of Justice, Washington DC  20035-6118, 202-514-0301 (voice) or 202-514-0381 (TDD).

Title IX Coordinator Contact Information / Non-discrimination Policy

• Similarly, § 106.8(b)(1) requires schools to notify students, employees, applicants, parents and guardians, and others that the school does not discriminate on the basis of sex, and that Title IX requires the school not to discriminate. 
  
  Title IX Contact Information:

Superintendent and Athletic Director
PO Box 482000, New Haven, MI  48048
Phone:  586-749-5123
cpuzdrakiewicz@newhaven.misd.net or jspezia@newhaven.misd.net

Policy 2260 - Nondiscrimination Policy and access to Equal Educational Opportunity
 

Section 10 of the Revised School Code:

It is the natural, fundamental right of parents and legal guardians to determine and direct the care, teaching, and education of their children. The public schools of this state serve the needs of the pupils by cooperating with the pupil’s parents and legal guardians to develop the pupil’s intellectual capabilities and vocational skills in a safe and positive environment.

Section 1 of Article VIII of the Michigan Constitution of 1963:

Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.

Posted - December 15, 2022