Interactive Code of Student Conduct - Section 2: Public Notices

Family Educational Rights And Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords parents and students reaching 18 years of age ("eligible students") certain rights with respect to the student's education records. These rights are as follows:

  1. The right to inspect and review the student's education records within forty-five (45) days of the day the school receives a request for access. Parents or eligible students should submit to the school principal [or appropriate school official] a written request that identifies the record(s) they wish to inspect. The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
  2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate. Parents or eligible students may ask the school to amend a record that they believe is inaccurate. They should write the school principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it is inaccurate. If the school decides not to amend the record as requested by the parent or eligible student, the school 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.
  3. 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 educational interests. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the school has contracted to perform a 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.

    One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the school has contracted to perform a 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.
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  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is U.S. Department of Education, Student Privacy Policy Office, 400 Maryland Avenue SW, Washington, D.C. 20202-8520.

Annual Notice: Students with Disabilities

Parents have the right to:

  1. Have your child take part in, and receive benefits from, public education programs without discrimination due to his/her disabling condition(s).
  2. Receive prior notice with respect to identification, evaluation, or educational programming for your child.
  3. Have your child receive a free, appropriate education.
  4. Have your child receive educational services in facilities which are comparable to those provided to non-handicapped students.
  5. Examine your child’s educational programming decisions made, based on a variety of information sources and by persons who know the student and who are knowledgeable about the evaluation data and placement options.
  6. Have transportation provided to and from an alternative placement setting (if the setting is a program not operated by the district) at no greater cost to you than would be incurred if the student were placed in a program operated by the district.
  7. Have your child be given an equal opportunity to participate in non-academic and extracurricular activities offered by the district.
  8. File a local grievance with the local school district’s grievance officer.
  9. File a complaint with the Office for Civil Rights (OCR).
  10. Take action through Civil Court.
  11. Be represented by an attorney or legal counsel.
  12. Request an impartial hearing regarding district decisions concerning the identification, evaluation, or educational programming for the students. The parent and their legal representative will have full opportunity for participation.
    1. The hearing request must be made to the Superintendent of the District.
    2. The hearing will be held by an impartial hearing officer qualified to hear 504 proceedings.

Student Records

Marion County Public Schools maintain educational records in accordance with state and federal laws. Copies of Marion County Public Schools Student Records Policy are available for public use during school hours at each school or at the Marion County East District Office, 1614 SE Ft. King Street, Ocala, Florida between 8:00 a.m. and 5:00 p.m., Monday through Friday. Parents or eligible students have the right to review records on their child, the right to a copy of the record (at a cost of 15¢ per page), the right to challenge information contained in the record, the right to a hearing if the school disagrees to change or destroy information when challenged, and the right to waive access to letters of statements of recommendations or evaluations.

Student education records are forwarded to other schools which have requested the records and in which the student seeks or intends to enroll.

Notification Of Student Social Security Number Collection & Usage

In compliance with § 119.071(5), Fla. Stat. (2023), this statement provides notification of the purpose for the collection and usage of student social security numbers by Marion County School Board (MCSB). MCSB collects and uses a social security number only if specifically authorized by law to do so or it is ierative for the performance of its duties and responsibilities as prescribed by law.

According to § 1008.386, Fla. Stat. (2023) each district school board shall request that each student enrolled in a public school in this state provide his or her social security number. A student satisfies this requirement by presenting to school enrollment officials his or her social security card or a copy of the card to a school enrollment official. The school district shall include the social security number in the student’s permanent records.

Secondary School Extracurricular Drug Testing Policy

The Marion County School Board has implemented a random drug testing policy for all secondary school students participating in interscholastic athletics, extracurricular activities and co-curricular activities. The “use of” or “possession of” alcohol or drugs by a student at any time is both illegal and detrimental to that student’s ability to participate in interscholastic athletics, extracurricular activities and co-curricular activities and is hereby prohibited. Any student determined to be in violation of this policy is subject to disciplinary action related to his or her participating in interscholastic athletics, extracurricular activities or co-curricular activities which may include suspension or removal from athletic, extracurricular participation or co-curricular activities.

Diversity Transfers

  1. The Board authorizes and supports diversity transfers, which are the voluntary transfer of a student from a school in which his/her race is in the majority to a school in which his/her race is in the minority.
  2. Transfers made on the basis of diversity are subject to space availability at the requested school.
  3. Unless required by state or federal statute, transportation will NOT be provided by the district in order for a student to attend a school outside of his/her assigned attendance area.

Please address questions or clarifications to the office of the Student Enrollment Specialist in Student Assignments and Records at (352) 671-7743.

Medicaid

In an effort to maintain and improve services provided to children within the confines of continually shrinking resources, the School Board has been exploring alternative sources of revenue for therapy services provided to children in our school district. The School Board has developed plans and procedures for billing Medicaid for therapy services.

Parents whose children are on Medicaid have the option of selecting the School Board to be their child’s Medicaid Group Provider. The School Board will then be able to be reimbursed by Medicaid for part of the therapy services provided at school for their child. This would include both screening and therapy services. This will in no way take away from services being provided by outside providers. If your child is on Medicaid:

  1. You have the freedom of choice to obtain your child’s medical services from any provider you choose.
  2. Participation in this program is not mandatory to allow your child to stay in school.
  3. This program is not mandatory to maintain Florida Medicaid eligibility.
  4. All information that is obtained on your child is confidential.
  5. Only one provider, be it the school or a community provider, can receive Medicaid reimbursement for the same type of services provided to the child per day.
  6. If your child is receiving therapy services (to include, but not limited to, occupational therapy, physical therapy or speech therapy) from a private provider, a cooperative treatment plan can be implemented with your current provider to ensure continued private treatment and any additional needed services from the School Board.
  7. Participation in this program will not change the status you already have with your current doctor or group provider.
  8. Parental consent will be requested annually concerning the release of a student’s personal and Exceptional Student Education (ESE) information to Medicaid.

Annual Notice: Virtual School Programs

Section 1002.321, Fla. Stat. (2023) requires districts to provide students opportunities to participate in virtual instruction programs. The enrollment dates for Marion County Public Schools district operated virtual instruction programs: Marion Virtual School (MVS) – May through March. Go to https://www.mvs.marionschools.net/ for additional information. There are no fees associated with these programs.

Public Notices With Parental Opt-out Provisions

Directory Information / Photographs / Publications

Directory information includes student's name, address, telephone number (if it is a listed number), participation in school sponsored activities and sports, weight and height of members of athletic teams, date of attendance, graduation date, awards received, and photographs appearing in school publications such as yearbooks and newspapers. Personally identifiable information can be disclosed, transferred or released without prior consent of the parent of a student or the eligible student in connection with enrollment in another school, application for financial aid, research, a state statute, and an accrediting organization. Personally, identifiable information will be released without parent consent to appropriate officials in emergency situations, to comply with a lawfully issued subpoena, in cases involving compulsory school attendance, and child abuse.

From time to time, Marion County Public Schools photographs or videos students, and occasionally posts student-produced work online for public recognition. Local media often utilize these photographs and videos, and/or work, or come on campus with school permission to photograph or video students. Additionally, students may be videoed by school personnel for diagnostic/educational purposes. Marion County Public Schools may use these photographs and videos for an indefinite period of time unless this authorization is revoked in writing. However, if revoked, Marion County Public Schools shall not be required to recall affected publications, photographs, videos, and other recorded images then in use.

If the parent does not wish directory information, photographs and/or videos of his/her child released, or doesn’t want their child’s work posted online, he/she must notify the Coordinator of Student Discipline, 1614 E Fort King Street, Ocala, FL 34471, in writing within thirty (30) calendar days of the beginning of the school year or within 10 calendar days of subsequent enrollment. The principal will then take every reasonable effort to ensure such photographs, videos, and work will not be released. This parental prohibition does include the publication of photographs or video taken for the school yearbook or similar publications.

Surveillance equipment may be used on buses, in certain areas of campus, and at school events for security, safety, and discipline purposes. These video/audio records may be utilized as evidence for certain disciplinary procedures. This evidence may be maintained as part of a student’s record and available to the parent. Parental notice restricting photographs or videos will not apply to the use of surveillance equipment for safety, security, and disciplinary procedures.

Information To Military Recruiters

The Every Student Succeeds Act requires the School Board to provide, on a request made by military recruiters or an institution of higher education, access to secondary school students’ names, addresses and telephone listings. A secondary school student or the parent of the student may request that the student’s name, address and telephone listing not be released to military recruiters or to institutions of higher education without prior written parental consent. A parent wishing to prohibit the release of this information should notify the Coordinator of Student Discipline, 1614 E Fort King Street, Ocala, FL 34471 within thirty (30) calendar days of the start of the school year in writing and shall specify in writing whether the prohibition applies to both military recruiters and institutions of higher education or only to military recruiters or only to institutions of higher education. This notification to the Coordinator of Student Discipline, 1614 E Fort King Street, Ocala FL 34471, must be separate from the notification which the parent provided in regard to “directory information.”

Notification Of Rights Under The Protection Of Pupil Rights Amendment (PPRA)

PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:

  1. Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (DOE).
    1. Political affiliations or beliefs of the student or student’s parent
    2. Mental or psychological problems of the student or student’s family
    3. Sex behavior or attitudes;
    4. Illegal, anti-social, self-incriminating, or demeaning behavior
    5. Critical appraisals of others with whom respondents have close family relationships
    6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers
    7. Religious practices, affiliations, or beliefs of the student or parents; or
    8. Income, other than as required by law to determine program eligibility.
  2. Receive notice and an opportunity to opt a student out of –
    1. Any other protected information survey, regardless of funding
    2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under state law; and
    3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or otherwise distribute the information to others.
  3. Inspect, upon request and before administration or use –
    1. Protected information surveys of students;
    2. Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
    3. Instructional material used as part of the educational curriculum.

These rights transfer from the parents to a student who is 18 years old or an emancipated minor under state law. Marion County Public School District will/has developed and adopted policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. Marion County Public School District will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. Marion County Public School District will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey. Marion County Public School District will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys by written notice to the school principal. Parents will also be provided an opportunity to review any pertinent surveys. The following is a list of the specific activities and surveys covered under this requirement:

  1. Collection, disclosure, or use of personal information for marketing, sales or other distribution;
  2. Administration of any protected information survey not funded in whole or in part by Department of Education (DOE);
  3. Any non-emergency, invasive physical examination or screening as described above;

Parents who believe their rights have been violated may file a complaint with the U.S. Department of Education, Student Privacy Policy Office, 400 Maryland Avenue SW, Washington, D.C. 20202-8520.

All student surveys, except classroom teacher surveys, will be reviewed by the School Board prior to distribution.

Enrollment Discloser

Any student and/or his/her parent(s) who enters, or returns to, the District must disclose the following information at the time of enrollment:

  1. prior school expulsions;
  2. arrests resulting in a criminal charge;
  3. juvenile justice actions;
  4. and any corresponding referral to mental health services by a school district that the student previously attended.

Any student who discloses any of the above-referenced matters is subject to the provisions of the Code of Student Conduct and all School Board policies relating to disciplinary placement and/or assignment of students. 1006.07 F.S. (2023)

Behavior Screening And Threat Assessments

School districts in the state of Florida are required to screen students for the purpose of identifying social and emotional behavioral needs to provide timely intervention for behaviors impacting school performance. Parents may opt out of this screening by notifying the school in writing within 30 calendar days of the beginning of the school year or within 10 calendar days of subsequent enrollment that they do not wish for their child to participate in this screening. 1006.07 F.S. (2023).

Students in any grade who exhibit indicators of suicidal or violent behavior or make suicidal or threating statements must be assessed for social/emotional and mental health concerns. The results of this assessment may be relayed to community mental health providers and law enforcement. Parents may not opt out of this mandatory assessment 1006.07 F.S. (2023).