Use of Web-Based Tools and Applications

Dear Parents of Students under 13 years of age:

Kalispell Public Schools has identified web-based tools and applications for learning that it has found to be most effective for student learning. The District utilizes several computer software applications and web-based services operated by third parties for this purpose. A complete list of the programs with the privacy policy for each can be found on the District’s website: www.sd5.k12.mt.us/approvedapps.

In order for students to use these programs and services, certain personal identifying information -- generally the student’s name and email address -- must be provided to the website or application operator. The Children’s Online Privacy Protection Act (COPPA) requires these websites to provide parental notification and obtain parental consent before collecting personal information from children under the age of 13. The law permits schools to consent to the collection of personal information for non-commercial purposes on behalf of all of its students, which eliminates the need for individual parental consent given directly to the web site or application operator. The District cannot consent on your behalf to websites or applications collection personal information regarding your child for commercial purposes. COPPA requires that a website or application seeking to collect personal information for a child under 13 years of age must obtain consent directly from the parent or guardian.

Please complete and return this consent form if you consent to your child being allowed to access the approved websites and applications. You do have the right to “opt-out” of your child’s use of such approved websites and applications and can indicate that by marking “opt out” below.

By signing this form and indicating “opt-in,” you consent to the District providing personal identifying information regarding your child for non-commercial purposes. You may revoke this consent at any time, upon providing written notice to the District. Unless revoked in writing, this consent shall remain in effect.

_________________________________________________________________________

Name of Student Date of Birth

______ OPT IN _______ OPT OUT

_________________________________________________________________________

Signature of Parent/Legal Guardian Date

For additional information on COPPA, please visit https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions

COPPA OPT IN/OUT FORM (pdf)

FERPA

Notification of Rights under FERPA for Elementary and Secondary Schools

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

❏ The right to inspect and review the student's education records within 45 days after the day the Kalispell Public School’s staff member receives a request for access.
Parents or eligible students who wish to inspect their child’s or their education records should submit to the school principal [or appropriate school official] a written request that identifies the records 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.

❏ The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
Parents or eligible students who wish to ask the Kalispell Public Schools to amend their child’s or their education record should write the school principal [or appropriate school official], clearly identify the part of the record they want changed, and specify why it should be changed. 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 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 provide written consent before the school discloses personally identifiable information (PII) from 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. The criteria for determining who constitutes a school official and what constitutes a legitimate educational interest must be set forth in the school’s or school district’s annual notification for FERPA rights. Kalispell Public Schools defines a school official as: A person employed by the school or school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. A school official also may include a volunteer, contractor, or consultant who, while not employed by the school, 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 PII from education records, such as an attorney, auditor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

Upon request, the school discloses education records without consent to officials of another school or school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer. [NOTE: FERPA requires a school or school district to make a reasonable attempt to notify the parent or student of the records request unless it states in its annual notification that it intends to forward records on request or the disclosure is initiated by the parent or eligible student.]

❏ The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Kalispell Public Schools to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

See the list below of the disclosures that elementary and secondary schools may make without consent:

➢ FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, § 99.32 of the FERPA regulations requires the school to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. A school may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –

➢ To other school officials, including teachers, within the educational agency or institution whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))

➢ To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))

➢ To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as the State educational agency (SEA) in the parent or eligible student’s State. Disclosures under this provision may be made, subject to the requirements of § 99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf, if applicable requirements are met. (§§ 99.31(a)(3) and 99.35)

➢ In connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4))

➢ To State and local officials or authorities to whom information is specifically allowed to be reported or disclosed by a State statute that concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records were released, subject to § 99.38. (§ 99.31(a)(5))

➢ To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction, if applicable requirements are met. (§ 99.31(a)(6))

➢ To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))

➢ To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))

➢ To comply with a judicial order or lawfully issued subpoena if applicable requirements are met. (§ 99.31(a)(9))

➢ To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10)

➢ Information the school has designated as “directory information” if applicable requirements under § 99.37 are met. (§ 99.31(a)(11))

➢ To an agency caseworker or other representative of a State or local child welfare agency or tribal organization who is authorized to access a student’s case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student in foster care placement. (20 U.S.C. § 1232g(b)(1)(L))

➢ To the Secretary of Agriculture or authorized representatives of the Food and Nutrition Service for purposes of conducting program monitoring, evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, under certain conditions. (20 U.S.C. § 1232g(b)(1)(K))

Notification of Rights Under FERPA (pdf)

Notice for Directory Information under Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Kalispell Public Schools, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, Kalispell Public Schools may disclose appropriately designated “directory information” without written consent, unless you have advised Kalispell Public Schools to the contrary in accordance with Kalispell Public Schools procedures. The primary purpose of directory information is to allow Kalispell Public Schools to include information from your child’s education records in certain school publications. Examples include:

• A playbill, showing your student’s role in a drama production;

• The annual yearbook;

• Honor roll or other recognition lists;

• Graduation programs; and

• Sports activity sheets, such as for wrestling, showing weight and height of team members.

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965, as amended (ESEA) to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent. [Note: These laws are Section 9528 of the ESEA (20 U.S.C. § 7908) and 10 U.S.C. § 503(c).]

If you do not want Kalispell Public Schools to disclose any or all of the types of information designated below as directory information from your child’s education records without your prior written consent, you must notify Kalispell Public Schools in writing prior to the start of the school year. Kalispell Public Schools has designated the following information as directory information:

Student's name
Address
Telephone listing
Electronic mail address
Photograph
Date and place of birth
Major field of study
Dates of attendance
Grade level
Participation in officially recognized activities and sports
Weight and height of members of athletic teams
Degrees, honors, and awards received
The most recent educational agency or institution attended
Student ID number, user ID, or other unique personal identifier used to communicate in electronic systems 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, such as a PIN, password, or other factor known or possessed only by the authorized user
A student ID number or other unique personal identifier that is displayed on a student ID badge, 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, such as a PIN, password, or other factor known or possessed only by the authorized user.

FERPA Directory Information PDF

MVHAA

The McKinney-Vento Homeless Assistance Act

The McKinney-Vento Homeless Assistance Act is the primary piece of federal legislation dealing with the education of children and youth experiencing homelessness in U.S. public schools. It was reauthorized as Title X, Part C, of the No Child Left Behind Act in January 2002.

Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act (Title X, Part C, of the No Child Left Behind Act) defines "homeless" as follows:

The term "homeless children and youths"--

(A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 103(a)(1)); and

(B) includes--

(i) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;

(ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2)(C))

(iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

(iv) migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii).

The following links provide more information on the legislation; the rights of homeless students and their parents; and tools for parents, teachers and administrators.

PPRA

Notification of Rights Under the Protection of Pupil Rights Amendment (PPRA)

PPRA affords parents of elementary and secondary students certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include, but are not limited to, the right to:

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 (ED)–

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 student’s parent; or

8. Income, other than as required by law to determine program eligibility.

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 collected from students for marketing or to sell or otherwise distribute the information to others. (This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions.)

Inspect, upon request and before administration or use –

1. Protected information surveys of students and surveys created by a third party;

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.

Kalispell Public Schools 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. Kalispell Public Schools will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. Kalispell Public Schools 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. Kalispell Public Schools 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. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this direct notification requirement:

Collection, disclosure, or use of personal information collected from students for marketing, sales, or other distribution.
Administration of any protected information survey not funded in whole or in part by ED.
Any non-emergency, invasive physical examination or screening as described above.

Parents who believe their rights have been violated may file a complaint with:

Student Privacy Policy Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202

PPRA - PDF

TITLE I

**The following notices are required under Title 1. Please note that Kalispell Public Schools Policy 2160 & Procedure 2160-P (parent and family engagement) and Policy 5231 & Procedure 5231-P(seeking information about staff qualifications) serves as a required notice in these areas.

MT - Photo Repository

MISSING CHILD PHOTO REPOSITORY OPT-IN FORM

The Montana Office of Public Instruction (OPI) maintains an electronic directory photograph repository of all Montana students for the exclusive purpose of locating missing school-age children. The repository provides immediate and 24/7 year-round access to a child’s school directory photograph to law enforcement should a child be reported missing. It uses students’ current school photos that most schools take annually for school directories, ID cards, year books, etc.

Complete and sign this form and return it to your school if you want your student’s photograph included in the repository

Student Name:________________________________________________________

Parent or Guardian Signature: ____________________________________________

Important Information for Parents & Guardians:

§ Information about the electronic photograph repository: The repository is authorized by Montana Code Annotated (20-7-1317, MCA) and requires the Montana Office of Public Instruction (OPI) to create and maintain an electronic directory photograph repository of all Montana students for the exclusive purpose of locating missing school-age children. The repository provides immediate and 24/7 year-round access to a child’s school directory photograph to law enforcement should a child be reported missing. Annually, districts must provide parents and guardians notice of the repository and a form to opt-in their student(s).

§ Who will have access to my child’s photograph in the photo repository? Your child’s photograph will only be used by law enforcement for the express purpose of locating your child should he/she be reported to law enforcement as missing. No other use by OPI or law enforcement is permitted. Access by OPI staff will be strictly limited and controlled to staff or contractors creating and maintaining the repository.

§ How do I remove my child’s photograph from the photograph repository? A parent can opt-out at any time. Contact your school/district to request your child’s photograph be removed.

§ How long will my child's photograph be in the repository? Photos will be updated annually; if the photo is not updated and the parent doesn’t opt-out, the photos will be purged from the repository after two years.

Please visit https://dojmt.gov/missing-persons/ to find more information about missing school-age children.

PHOTO REPOSITORY OPT-IN FORM

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Federal & State Notices

AHERA

Asbesto Hazard Emergency Response Act

COPPA