Board Policies and Appendix

EXCEPTIONAL PROGRAMS POLICY MANUAL

FARMINGTON MUNICIPAL SCHOOLS
OFFICE OF EXCEPTIONAL PROGRAMS
POLICY MANUAL
ADOPTION DATE: May 8, 2008
Updated and adopted by FMS Board of Education on:
November 12, 2009
April 14, 2011
April 25, 2013

Farmington Municipal School District
Office of Exceptional Programs

POLICY MANUAL FOR THE IMPLEMENTATION OF SPECIAL EDUCATION SERVICES

Meeting the Educational needs of Students with Disabilities and Gifted Students

Superintendent
Janel Ryan

School Board Members
Sandy Schumacher – President
Mike Isaacson – Vice President
Bill Young – Secretary
Kyle Rhodes – Deputy Secretary
Robyn Hoffman – Member

Director of Exceptional Programs
Phil Valdez

1400A East 20th Street
Farmington, New Mexico 87401
Office: 505-599-8617

 

Table of Contents

1. Identification of Eligible Students
I. Purpose                                                       
II. Position                                                       
III. Definition of Disability                                         
IV. Age Limits                                                     
V. Child Find                                               
VI. Children in Private Schools                                       
VII. Gifted Children                                               

2. Procedural Safeguards
I. Purpose                                                       
II. Position                                                       
III. Notice                                                             
IV. Confidentiality of, and access to, information                 
V. Due Process Complaints                                       
VI. State Complaint Process                                           

3. Eligibility Determination
I. Purpose                                                         
II. Position                                                       
III. Consent                                                         
IV. Evaluation and Re-Evaluation                                   
V. Failure to Consent                                               

4. Individualized Education Plan
I. Purpose                                                           
II. Position                                                           
III. Team Members                                                     
IV. Development, Review, and Revisions                         
V. Least Restrictive Environment Considerations                   

5. Notice of Proposed Action
I. Purpose                                                         
II. Position                                                       
III. Content of Notice                                             
IV. Notice of Understandable Language                       

6. Transfer of Parental Rights to Students
I. Purpose                                                       
II. Position                                                     
III. Determination of Competence                         
IV. Rights Transferred                                       
V. Notice Requirements                                 

7. Transition
I. Purpose
II. Position                                                     
III. Transition Services                                   
IV. Termination of Transition Services                         

8. Discipline
I. Purpose                                                         
II. Position                                                           
III. Additional Requirements to General Discipline Policy           
IV. Student Status                                                   
V. Reporting of Crime                                         

9. Least Restrictive Environment
I. Purpose                                                             
II. Position                                                           
III. Definition of Least Restrictive Environment                   
IV. Continuum of Alternative Placements                         

10. Surrogate Parents
I. Purpose                                                         
II. Position                                                       
III. School District’s Duties Regarding Surrogate Parents           
IV. Qualifications of a Surrogate Parent                             
V. Rights of a Surrogate Parent                                

11. Continuum of Services
I. Purpose                                                       
II. Position                                                       
III. Contents of the Continuum                                 

12. Advocate Responsibilities
I. Purpose
II. Position
III. Procedural Requirements
IV. Notice to Parents
V. Advocate Requirements  

13. Restraint
I. Purpose                                                       
II. Definition                                               
III. Restraint Policy                                             

14. IEP Participants
I. Purpose                                                             
II. Position                                                         
III. Procedural Requirements                                         
IV. Notice to Parents                                                 
V. IEP Team Requirements                                       

15. Time Out
I. Purpose                                                         
II. Definition                                                     
III. Time Out and Isolation Policy                               

POLICY
Special Education:  Identification of Eligible Students

I. Purpose                       
To ensure that the Farmington Municipal School District operates in compliance with applicable laws and regulations regarding the identification of, and provision of appropriate services to, exceptional students.

II. Position
Each eligible special education student in the School District will be afforded a full educational opportunity.  This goal will be met consistent with the state’s goals through ensuring the provision of a free appropriate public education (“FAPE”), complying with state and local procedures, and improving performance goal indicators.

III. Definition of disability
A. Categories of disability as defined in the applicable state and federal laws include autism, deaf-blindness, emotional disturbance, hearing impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, specific learning disabilities, speech or language impairment, traumatic brain injury, visual impairment, and developmental delay.  Developmental delay is limited to children ages 3-9.

B. Students who have been determined to have one of the identified areas of disability, who as of such disability requires the provision of specialized instruction, will be considered for special education eligibility by a properly constituted IEP/MDT team.

IV. Age limits
The School District’s special education policies and procedures apply to students from ages 3 through 21 (or those turning 3 through 22 during the school year) with disabilities who reside within the jurisdiction of the School District and who are eligible for special education and related services.

V. Child find
Students who meet the age limits and disability criteria above who reside within the jurisdiction of the School District and who are in need of special education and related services will be identified, located, and evaluated.

VI. Children in Private Schools       
Students who meet the age limits and disability criteria above, who attend private schools within the jurisdiction of the School District, and who are in need of special education and related services will be identified, located, and evaluated.  

VII. Gifted Children
A. A “gifted child” means a school-age person as defined in NMSA 1978 Section 22-13-6(D) whose intellectual ability paired with subject matter aptitude/achievement, creativity/divergent thinking, or problem-solving/critical thinking meets the eligibility criteria in 6.31.2.12 NMAC and for whom a properly constituted Individual Education Plan (“IEP”) team determines that special education services are required to meet the student’s educational needs. The School District will have procedures to identify students who are enrolled in its public schools and who may be gifted.  

B. Procedures regarding child find, evaluations, and services for students with disabilities do not apply to school-age gifted children who are (1) attending private school, (2) schooled at home, (3) in state-supported educational programs, or (4) in detention and correctional facilities.

 

POLICY
Special Education:  Procedural Safeguards

I. Purpose                       
To ensure that the Farmington Municipal School District complies with applicable laws and regulations pertaining to procedural safeguards for exceptional students.

II. Position
The School District will establish, implement, and maintain procedural safeguards that meet the requirements of state and federal law.  School District employees involved with special education and related services will be appropriately trained and will comply with all applicable procedural requirements.

III. Notice
Parents of eligible special education students are provided with advance written notice of IEP and other meetings in which they have the right to participate.  These parents are also given reasonable prior notice of any actions proposed or refused by the local educational agency (“LEA”). Copies of New Mexico’s procedural safeguards notice are given to parents as mandated by federal and state law.

IV. Confidentiality of, and access to, information
The School District will comply with all federal and state laws governing confidentiality of, and access to, student information, including but not limited to the Family Educational Rights and Privacy Act (“FERPA”), the Individuals with Disabilities Education Act (“IDEA”), and the Health Insurance Portability and Accountability Act (“HIPPA”).  

The School District will permit parents to inspect and review any educational records relating to their children that are collected, maintained, or used by the School District.  The School District may presume that a parent has the authority to inspect and review records relating to his or her child unless the School District has been advised that the parent does not have such authority under applicable state law governing matters such as guardianship, separation, and divorce.  The School District will also permit eligible students to inspect and review their own educational records collected, maintained, or used by the School District.

In compliance with federal and state laws and regulations, the School District may disclose personally identifiable information from educational records of a student to officials of another school district where the student seeks or intends to enroll.  No prior consent for such disclosure is required, but the School District will make a reasonable attempt to notify the parent or eligible student of such a disclosure unless (1) the disclosure is initiated by the parent or eligible student, or (2) the School District’s annual notification to parents and/or students includes a notice that the School District forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll. Upon request, the School District will give the parent or eligible student a copy of the record that was disclosed.  

Parents or eligible students may request an opportunity for a hearing to challenge the contents of these records.  The School District will provide such a hearing if required by, and as provided under, state and federal laws and regulations.

The School District shall keep a record of parties obtaining access to student educational records (except parents and authorized School District employees), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.

V. Due Process Complaints
A. Timelines
The School District will inform parents of their right to file for due process.  The School District will adhere to the procedures set forth in federal and state laws pertaining to timelines applicable to the filing and handling of due process complaints.  Due process complaints must be brought within two (2) years of the alleged action that forms the basis of the complaint.

B. Student Status       
During the period awaiting a decision of the hearing officer to whom a due process complaint was presented, the student involved will remain in his or her current educational placement, subject to the exceptions provided in federal or state law.  If the School District and the student’s parent(s) disagree over which placement is the current educational placement, and if the parties cannot resolve this disagreement, the hearing officer will determine the current placement, except as otherwise provided for in federal regulations relating to a disciplinary action where the student will remain in the placement determined by the school district.

VI. State Complaint Process
Pursuant to New Mexico laws and regulations, the School District will notify parents that the New Mexico Public Education Department (“NMPED”) can accept and investigate formal complaints that:

A. The LEA has failed to comply with state or federal laws and regulations covering programs for students under the IDEA, 

B. The LEA has failed to comply with the state regulations regarding services forgifted children, or 

C. The parents request a review of, or an appeal from, a decision of a public agency with respect to such a complaint.  

The School District will comply with state and federal laws and regulations pertaining to such a complaint.

POLICY
Special Education:  Eligibility Determinations

I. Purpose                       
To ensure that the Farmington Municipal School District determines eligibility for special education services in compliance with federal and state laws and regulations.

II. Position
The School District will determine students’ eligibility for special education services through interventions, evaluations, and other assessments, as provide dby federal and state laws and regulations.  

III. Consent
Some actions, including but not limited to evaluation, re-evaluation, initiating services, and administering tests not given to all children, require parental consent, subject to certain exceptions under New Mexico regulations.  No action that requires prior written parental consent will be taken without first obtaining that consent. Evaluations will be conducted within 60 days of receiving informed written parental consent.

IV. Evaluations and Re-evaluations
Evaluations are provided at no cost to parents. Referrals for individualized evaluations are completed within a reasonable time and are documented appropriately.  Evaluation materials are not discriminatory and are provided in the child’s primary language or mode of communication unless it is clearly infeasible to do so. A variety of assessment tools are used for evaluation, and limited English proficiency is not used to measure a child’s need for special education and related services. 

Evaluations will use a variety of assessment tools and strategies to get information regarding students functional, developmental and academic information about the student.  The choice of technically sound assessment instruments will be determined by the evaluator. 

A re-evaluation is done if the IEP team determines conditions warrant or at the request of the parent or teacher. 

Full and individual evaluations will first be conducted before the initial provision of special education and related services. 

V. Failure to Consent
If the parent fails to respond or refuses to consent to the initial evaluation or initial placement in special education the school district is not in violation of federal or state regulations governing the provision of a Free Appropriate Education.

POLICY
Special Education:  Individualized Education Plan

I. Purpose                       
To ensure that the Farmington Municipal School District operates in compliance with applicable laws and regulations regarding educational plans serving exceptional students.

II. Position
An Individualized Education Plan (“IEP”) is developed for each eligible special education student in the School District, except for gifted students enrolled in private or home schools within the School District’s jurisdiction.

III. Team Members
The School District will provide an IEP team for each eligible special education student.  Members of a given IEP team will be chosen in accordance with applicable state and federal laws and regulations.  School District personnel who will participate are the following: (1) not less than one regular education teacher, (2) not less than one special education teacher; (3) school site representative or designee, who shall meet the federal definition of an LEA representative; (4) person who can interpret the educational impact of testing results; and (5) others as appropriate.  Other public agencies may be invited to participate in a student’s IEP process, particularly with respect to transition services such as the provision of adult services for individuals with disabilities after graduation or at the point of exiting from the high school program.

IV. Development, Review, and Revision
IEPs are developed, implemented, reviewed, and revised in accordance with applicable federal and state laws and regulations, and in no event less than once every twelve (12) months.  Statements pertaining to transition services beginning when a student reaches the age of fourteen (14) and to transition service needs will be developed in conformity with applicable laws and as deemed appropriate by the IEP team.

V. Least Restrictive Environment Considerations
Educational placements and services for students with disabilities are provided in the least restrictive environment (“LRE”) appropriate to individual needs, except for students who are convicted as adults and incarcerated in adult prisons.  To the maximum extent appropriate, all students with disabilities are educated with students who are non-disabled. Special classes, separate schooling, or other removal of students with disabilities from the regular education environment occurs only if the nature or severity of adisability precludes the student from achieving satisfactorily in the regular education environment, even when supported by supplementary aids. 

Students enrolled in the School District who, for reasons of illness or other disabilities, are prevented from attending regular classes in their schools may receive instruction in their homes. The School District will provide instructional programs at all levels for homebound special education students in accordance with state and federal laws and regulations.  Suchi nstruction will be provided by the School District at no cost to the parents.

A student with a disability who is placed in, or referred to, a private school facility by the School District is entitled to receive full and equal special-education-related services. If parents place a student in a private school or facility because of a disagreement about FAPE, due process may be used to resolve the issue, in accordance with state and federal laws and regulations.

POLICY
Special Education:  Notice of Proposed Actions

I. Purpose                       
To ensure that the Farmington Municipal School District provides notice regarding proposed School District actions to the parents of special education students affected by these actions, in compliance with federal and state laws and regulations.

II. Position
The School District will give written notice [fcp://@fc.fms.k12.nm.us,%237700277/boe/BoardPolicyGuide/Append#ftn1]1 to the parents of a student with a disability within a reasonable time [fcp://@fc.fms.k12.nm.us,%237700277/boe/BoardPolicyGuide/Append#ftn2]2 before the School District proposes or refuses to initiate or change the identification, evaluation, or educational placement of the student or the provision of a free appropriate public education (“FAPE”) to the student.  If the notice relates to a proposed action that also requires parental consent [fcp://@fc.fms.k12.nm.us,%237700277/boe/BoardPolicyGuide/Append#_ftn3]3, the School District may give notice at the same time it requests parental consent.

III. Content of Notice
The notice of proposed action will include:

A.
(1) A description of the action proposed or refused by the School District,
(2) A description of the action proposed or refused by the parent/guardian;

B.
(1) An explanation of why the School District proposes or refuses to take the action,
(2) An explanation of why the parent proposes or refuses the action;

C. A description of each evaluation procedure, assessment, record, or report the School District used as a basis for the proposed or refused action;

D. A statement that the parents of a student with a disability have protection under the federal regulations and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;

E. A description of other options that the student’s Individualized Education Plan (“IEP”) team considered and the reasons those options were rejected; and

F. A description of other factors that are relevant to the School District’s proposal or refusal.

IV. Notice in Understandable Language
The notice of proposed action shall be written in language understandable to the general public, provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.  If the parent’s native language or other mode of communication is not a written language, the School District shall take steps to ensure that (1) the notice is translated orally or by other means to the parent in his or her native language or other mode of communication; (2) that the parent understands the content of the notice; and (3) that there is written evidence that the two requirements listed herein have been met.       

A parent of a special education student may elect to receive notices of proposed actions by electronic mail, if the School District makes that option available.

POLICY
Special Education:  Transfer of Parental Rights to Students

I. Purpose                       
To ensure that the Farmington Municipal School District transfers parental rights to special education students in compliance with federal and state laws and regulations.

II. Position
When a special education student becomes 18 years old, by operation of state law the School District will transfer all parental rights to the student, unless the student has been determined to be incompetent, by a court, under state law.

III. Determination of Competence
A person’s age of majority begins on the first instant of his or her eighteenth birthday, and a person who has reached the age of majority is an adult for all purposes not otherwise limited by state law.  A guardianship proceeding under the probate code is the only way an adult in New Mexico legally can be determined to be incompetent and have the right to have his or her decisions taken away. Under New Mexico law, neither the School District nor any student’s Individualized Education Plan (“IEP”) team has the power to make such determinations.

IV. Rights Transferred
When a student with a disability reaches age 18 and does not have a court-appointed general guardian, limited guardian, or other person who has been authorized by a court to make educational decisions on the student’s behalf or who has not signed a power of attorney as provided under New Mexico law, the School District, by operation of law, will transfer all rights accorded to parents under federal and state law to the student.

V. Notice Requirements
Each annual IEP review for a student who is 16 or older will include a discussion of the rights that will transfer when the student turns 18 and, as appropriate, a discussion of the parents’ plans for obtaining a guardian before that time.  Each student’s IEP beginning not later than when the student turns 17 should include a statement that the student and his or her parents have been informed of the rights that will transfer to the student at age 18.

POLICY
Special Education:  Transition

I.  Purpose                       
To ensure that the Farmington Municipal School District develops transition plans for special education students in compliance with federal and state laws and regulations.

II. Position
Appropriate post-secondary transition planning for students with disabilities is essential. The School District will integrate transition planning into each special education student’s Individualized Education Plan (“IEP”) process for grades 8 through 12, and the School District will establish and implement appropriate policies, procedures, programs, and services to promote successful post-secondary transitions for students with disabilities.

III. Transition Services
Transition services for special education students aged 14 through 21 are a coordinated set of activities for a student with a disability that emphasizes special education and related services designed to meet unique needs and prepare the student for future education, employment, and independent living.  Such services are designed to be within a result-oriented process focused on improving the academic and functional achievement of the student with a disability to facilitate the student’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation as determined appropriate for each student by the IEP team.  

Transition services will be based on the individual student’s needs, taking into account the student’s strengths, preferences, and interests.  Accordingly, the transition planning incorporated into a student’s IEP should include as appropriate for each individual student instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and (when appropriate) acquisition of daily living skills and the provision of a functional vocational evaluation. The IEP must comply with federal regulations regarding appropriate measurable post-secondary goals, and the transition services (including courses of study) needed to assist the student in reaching those goals.

IV. Termination of Transition Services
Once a student either (1) graduates from secondary school with a regular diploma, or (2) reaches the age of 22, the School District will provide the student with a summary of his or her academic achievement and functional performance, including recommendations on how to assist the student in meeting his or her post-secondary goals.  If the student turns 22 during the school year, the student shall be allowed to complete the school year and shall continue to receive special education and related services, including transition services, during that school year. If the student turns 22 prior to September 1 of the school year, the student is no longer eligible to receive special education and related services, including transition services.

POLICY
Special Education:  Discipline

I. Purpose                       
To ensure that the Farmington Municipal School District discipline procedures for exceptional students comply with applicable laws and regulations.

II. Position
The School District will strive to provide for the basic welfare, educational opportunity, and safety of all its students.  The procedural safeguards regarding discipline are not applicable to students who are solely identified as gifted. Special education students are not immune from school disciplinary processes, nor are they entitled to remainin a particular educational program when their behavior substantially impairs the education of other students in the program.  Nevertheless, the individual needs of exceptional students must be met to the extent required by state and federal law.

III. Additional requirements to general discipline policy
The School District will comply with applicable state and federal laws and regulations pertaining to long-term suspension or expulsion of special education students, or with any other disciplinary change of the student’s current educational placement, as specified in the federal regulations implementing the reauthorization of the Individuals with Disabilities Education Act (“IDEA”) 2004.  The School District will implement disciplinary procedures for special education students. These procedures will include, but not be limited to, the following topics:

A. Initial determination(s) as to whether the student’s conduct warrants disciplinary action, including long-term suspension or expulsion;

B. Parental notification of the incident for which discipline is considered or implemented;

C. A manifestation determination inquiry to ascertain whether the student’s behavior is a manifestation of the disability. Relevant members of the IEP team will conduct the inquiry and apply the two prong inquiry.

D. Specific rules are applicable when a student with a disability is charged with the following conduct while on school premises or at a school function under the jurisdiction of the local educational agency (“LEA”):  possession of a weapon, possession or use of illegal drugs, or inflicting serious bodily injury upon another person.

E. Functional behavioral assessments and behavioral intervention plans; and

F. Alternative educational services during any period of long-term suspension or expulsion.

The school administrator will contact either the special education director or the site special education supervisor before proposing long term suspension/expulsion.

IV. Student Status
Where long-term suspension or expulsion is imposed upon a student with a disability for behavior that was not a manifestation of the disability, the School District will provide alternative educational services determined by the IEP team to be in compliance with, and to the extent required by, applicable state and federal law.

V. Nothing in this policy prevents a school from reporting a crime committed by a student with a disability to appropriate authorities.

POLICY
Special Education:  Least Restrictive Environment

I. Purpose                       
To ensure that children with disabilities in the Farmington Municipal School District are to the maximum extent appropriate educated with their non-disabled peers.

II. Position
Each eligible special education student in the School District will be afforded a full educational opportunity.  This goal will be met consistent with the state’s goals through ensuring the provision LRE through access to the general curriculum and educational opportunities to the extent appropriate with non-disabled peers.

III. Definition of Least Restrictive Environment
Removal of children with disabilities from age-appropriate general education classrooms will occur only when the nature or the severity of the disability of the child is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.

IV. Continuum of Alternative Placements
The District is committed to providing specially designed instruction that address the needs of the child that result from the child’s disability and ensures access to the general curriculum.  The IEP team is responsible for considering a continuum of placement options when designing an educational placement for a child.

POLICY
Special Education:  Surrogate Parents

I. Purpose                       
To ensure that the Farmington Municipal School District protects the rights of special education students under the Individual with Disabilities Education Act who need or have surrogate parents, in compliance with federal and state laws and regulations.

II. Position
The School District will ensure that the rights of a special education student are protected under the IDEA when:

A. No parent can be identified;
B. After reasonable efforts, the School District cannot locate a parent;
C. The student is a ward of the State under the laws of that State; or
D. The student is an unaccompanied homeless youth, as defined under federal law.

III. The School District’s Duties Regarding Surrogate Parents
The School District must determine whether a student needs a surrogate parent, and if so, must assign an individual to act as a surrogate parent for the eligible student.  If the student is an unaccompanied homeless youth, a temporary surrogate parent may be appointed from the staff of the emergency shelter, transitional shelter, independent living program, or street outreach program providing shelter and other services to the student.  The temporary surrogate parent serves in that capacity until a qualified surrogate parent is appointed by the school district.

If the School District selects the surrogate parent, such selection will be done in compliance with applicable State and federal laws.

IV. Qualifications of a Surrogate Parent
The School District must ensure that a person it assigns to act as a surrogate parent:

A. Is not an employee of the New Mexico Public Education Department, the School District, or any other agency that is involved in the education or care of the child;
B. Has no personal or professional interest that conflicts with the student’s interest; and

Has knowledge and skills that ensure adequate representation of the student.

V. Rights of a Surrogate Parent
The surrogate parent may represent the student in all matters relating to:
A. The identification, evaluation, and educational placement of the student; and
The provision of a free appropriate public education (“FAPE”) to the student.

POLICY
Special Education:  Continuum of Services

I. Purpose                       
To ensure that the Farmington Municipal School District provides appropriate special education and related services to eligible students, in compliance with federal and state laws and regulations.

II. Position
The School District will have a continuum of alternative placements available to meet the needs of students eligible for special education and related services.

III. Contents of the Continuum
The continuum of alternative placements which may be considered by an IEP team as possible for special education students will include:

A. Instruction taking place in:
1. Regular education classes, (full or part time)
2. Special classes, (full or part time)
3. Special schools, (full or part time)
4. Homebound,
5. Hospitals, and Other institutions.

B. Supplementary services, including but not limited to resource rooms and itinerant instruction, to be provided in conjunction with the student’s regular class placement.

POLICY
Special Education: Advocate Responsibilities

I. Purpose
To ensure that Farmington Municipal School District advises parents and advocates of district wide expectations for participation in IEP team meetings

II. Position
The Farmington Municipal School District understands that parents often want the assistance of an advocate while they are dealing with the school district.  With this in mind the District seeks to provide guidance to anyone who seeks to serve in the capacity of an advocate.

III. Procedural Requirements
Prior to an individual being recognized as an advocate the parent will need to execute and provide a copy of the attached to the office of special education. 

IV. Notice to Parent(s)
To assist the parent(s) in understanding the role of an advocate the District will:

1. Advise the parent(s) that they are the persons whose knowledge is important in understanding their child’s needs.

Advise parents that the role of an advocate is to assist them in understanding the requirements of the Individuals with Disabilities Education Act.

V. Advocate Requirements
Advocates are expected to adhere to the following guidelines:

1. Treat with civility all persons involved in the special education process including school personnel.
2. Advise parents of their role as members of the IEP team and the role of the other IEP team members.  Help parents find their voice but do not become their voice.
3. Encourage parents to be prepared when attending an IEP meeting to identify and discuss their concerns and their child’s specific needs.
4. Consider the schedules of others as well as your own.  Be punctual in honoring scheduled meetings or appointments.  Absent exigent circumstances, a reasonable request for scheduling accommodations should be granted.
5. Express to parents the importance of being cohesive, collaborative members of the IEP team.
6. Do not interject your opinion unless asked.
7. Prepare the parents so that they can advocate for their child rather than you.
8. Do not attempt to run the IEP meeting or to interject your view or perception of the needs of the child, this is for the parents to provide.
9. Do not serve as a mechanism for harassment, intimidation, threats or retaliation or become disruptive to the educational process.  
10. Comply with District requests to direct inquiries and comments to the person or organization of their choice.
11. Advise the parents to follow the chain of command in voicing their concerns and assist them in identifying those concerns. Refrain from making your concerns those voiced by the parents.
12. Assist parents in learning how to reconcile differences through negotiation, expeditiously and without needless delay and expense.

POLICY RESTRAINT

1. PURPOSE
The purpose of this policy is to provide for the appropriate use of restraints and to protect students from harming themselves, other students, staff or property in a manner that protects the student’s dignity and well-being.

2. DEFINITION
A restraint is a method used to physically and involuntarily restrict a persons movement or physical activity.

3. RESTRAINT POLICY
Physical restraint should only be used in emergency situations, after less intrusive alternatives have failed or been deemed inappropriate, and with caution. If student’s Behavior Intervention Plan calls for restraint the requirement of an emergency situation is eliminated. School personnel should use physical restraint with two goals in mind:

(a) to administer physical restraint only when needed to protect the student, other students and/or a school staff member from imminent harm; and
(b) to prevent or minimize any harm to the student as a result of the physical restraint

Only those individuals who have been properly trained in physical restraint will use physical restraint on a student.  Whenever possible, the administration of a restraint will be witnessed by at least one adult who is not participating in the restraint.  Training as required by individual programs will be provided to maintain certification in that program. Students who have known medical or psychological limitations on restraint will be restrained only in cases of imminent danger to self or others and only with caution.  

Each incident of restraint should be reported to the principal and any restraint on a student with medical or psychological limitations will also be reported to the school nurse for review.  The report should include the names of the school staff involved, the name of the student involved and a description of the incident leading up to the restraint and the procedures used in the restraint along with information regarding whether any additional actions are required by the school. Following the release from a restraint the participants will implement follow-up procedures. These procedures will include reviewing the incident with the student to address the behavior that precipitated the restraint, review of the incident with the person who administered the restraint to discuss whether proper procedures were followed and follow-up to determine if any discussion needs to occur with those who witnessed the incident.  Parents should be notified as soon as is reasonable and in no event later than 8 hours after the restraint has terminated and they should be provided with a copy of the report outlining the reasons for the restraint and the procedures followed both before and after the restraint has been conducted.

If a student who receives special education services also has a Behavior Intervention Plan which contemplates the use of restraint the IEP team should consider other de-escalation techniques as the first response and restraint only as a last resort to prevent harm to the student and others.  The preceding steps should also be followed for each restraint carried out pursuant to an IEP.

POLICY
Special Education: IEP Participants

1.  Purpose
To ensure that Farmington Municipal Schools advises parents, school staff and advocates of district wide expectations for participation in IEP team meetings

2.  Position
The Farmington Municipal School District understands that parents often want the assistance of an advocate while they are dealing with the school district.  With this in mind the District seeks to provide guidance to anyone who seeks to serve in the capacity of an advocate as well as the expected behavior of all individuals who participate in the IEP process.

3.  Procedural Requirements
Prior to an individual being recognized as an advocate the parent will need to execute and provide a copy of the attached to the office of special education. This process will ensure that the confidentiality of student information will be maintained

4.  Notice to Parent(s)
To assist the parent(s) in understanding the role of an advocate, as well as the other participants in an IEP meeting the District will:

1. Advise the parent(s) that they are the persons whose knowledge is important in understanding their childs needs.
2. Advise parents the role of each IEP team participant and the role of an advocate to assist them in understanding the requirements of the Individuals with Disabilities Education Act.

5.  IEP Team Member Requirements
IEP team members are expected to adhere to the following guidelines:

1. Treat with civility all persons involved in the special education process including school personnel.
2. Advise parents of their role as members of the IEP team and the role of the other IEP team members.  Help parents find their voice but do not become their voice.
3. Encourage parents to be prepared when attending an IEP meeting to identify and discuss their concerns and their childs specific needs.
4. Be mindful of the schedules of others as you are of your own.  Be punctual in honoring scheduled meetings or appointments. Absent exigent circumstances, a reasonable request for scheduling accommodations should be granted.
5. Express to parents the importance of being cohesive, collaborative members of the IEP team.
6. Do not interject your opinion unless asked.
7.  Prepare the parents so that they can advocate for their child.
8. Do not attempt to run the IEP meeting or to interject your view or perception of the needs of the child, this is for the parents to provide.
9. Do not serve as a mechanism for harassment, intimidation, threats or retaliation or become disruptive to the educational process.  
10. Comply with District requests to direct inquiries and comments to the person or organization of their choice.
11. Advise the parents to follow the chain of command in voicing their concerns and assist them in identifying those concerns. 
12. Assist parents in learning how to reconcile differences through negotiation, expeditiously and without needless delay and expense.

POLICY
USE OF TIME-OUT 

1. PURPOSE
The purpose of this policy is to provide for the appropriate use of time out and isolation and to protect students from harming themselves, other students, staff or property in a manner that protects the student’s dignity and well-being.

2. DEFINITION
Time-Out and Isolation is a method used to remove a student from his regular classroom setting to an area which provides isolation from the general classroom environment and which involuntarily restricts a person’s movement outside of the designated area.  The New Mexico PED defines the term time-out as a continuum of behavior management techniques that are designed to address inappropriate or negative student behavior resulting from over-stimulating or challenging classroom situations. This continuum begins with minimally intrusive or restrictive strategies that can be implemented within the classroom setting.  The continuum then progresses to more restrictive strategies that may involve the physical separation of a student from his or her classmates, for a brief amount of time, in order to enable the student to regroup and return to the classroom setting.

3. TIME-OUT AND ISOLATION POLICY
The use of time-out and/or isolation should only beused when the student’s behavior cannot be modified through the use of other techniques and should be used only for time periods of short duration.

Use of Time-out Strategies [Marker]

A.  In situations where a student demonstrates behavior that impedes his or her learning or that of others, school staff may consider the use of time-out as a positive intervention and design time-out strategies to assist students incorrecting the attitude and/or behaviors that interfere with their ability to remain in the classroom. Use of time-out will not be used as a punishment for negative student behavior or as a means of removing the student indefinitely from the classroom setting. The use of time-out must have positive implications, including enabling the student to return to the classroom setting.

B.  In circumstances involving students who receive special education services the IDEA requires the IEP team to consider positive behavioral interventions, strategies, and supports to address that behavior including the use of time-out.  It should not be used as a punishment or as an indefinite removal from the classroom setting.  

C.  In all circumstances the student should be placed in a safe environment in which the staff can observe the student at all times and the necessary behavior identified which will allow the student to return to the general classroom setting.

D.  Each time a student is sent to time-out or isolation must be documented including the efforts utilized prior to sending the student to time-out to modify or correct the disruptive behavior.  That documentation should include identifying the precipitating behavior and the results of the use of time-out.

IMPACT AID INDIAN EDUCATION POLICIES AND PROCEDURES

Under the provisions of the Educational Amendment of 1978 (Public Law 95-561), Farmington Municipal School District No. 5 assures that the following policies and procedures will be implemented to ensure participation and monitoring of programs by Indian parents and the Navajo Nation in the education process. Furthermore, Farmington Municipal Schools Board of Education hereby adopts the following Policies and Procedures to ensure timely dissemination of information concerning the Title VIII-Impact Aid, Indian Education program.

SECTION I

Farmington Municipal School District will give Navajo Nation officials and parents opportunity to review and comment to assure Indian student participation on an equal basis in the education programs of the District.

A. This will continue through duly called school board, parental, and special meetings. Meetings will be publicized via the local newspaper. The public will be notified through the radio in both the English and Navajo language.

B. A local parent committee (Farmington Indian Education Committee) will be elected by Indian parents in the district. The FIEC will serve to make recommendations: in planning, evaluating, and monitoring annual Indian Policies and Procedures; and to recommend to the school board changes needed to improve the program. Each session will be publicized with the same notification as above.

SECTION II

Farmington Municipal School District will give Navajo Nation officials and parents opportunity to review and comment to assure Indian student participation on an equal basis. Farmington Municipal School District will review school data and comments to assist the extent of Indian students participation in the educational program on an equal basis.

A. Current needs assessment will be reviewed to identify needs, enrollment, and participation of Indian students at each school site.

B. Periodic presentations regarding school district goals, annual school district report card, and student achievement initiatives will be made to the FIEC, parents, and tribal representatives.

C. Annual review of school enrollment data and comments from Indian parents and tribal officials will be reviewed by the district.

SECTION III

Farmington Municipal School District will utilize its resources through the Farmington Indian Education Committee to advise the school district to modify its educational program, to ensure equal participation in the program by Indian students, when necessary.

A. The local school administration shall review recommendations when an informal concern is voiced regarding modifications and adjustments will be considered to ensure compliance.

B. The local Board of Education will review and consider recommended program modifications to ensure equal participation of Indian students.

C. The district grievance policy and procedures will be followed to ensure a timely and appropriate resolution to formal complaints.

SECTION IV

Farmington Municipal School District will disseminate, in a timely manner, the Title VIII Impact Aid Indian Policies and Procedures to Navajo Nation officials and FIEC members to ensure adequate time to review and to receive comments. After formal adoption, the Title VIII Impact Aid Application and the Title VIII Impact Aid Indian Policies and Procedures will be provided to:

A. The State Department of Education, and

B. The members of the Farmington Indian Education Committee.

C. The FIEC will be consulted during the development of the Title VIII Indian Policies and Procedures, the Title VIII application, and the Title VIII Indian Set Aside program budget.

SECTION V

Farmington Municipal School District will hold a school board meeting after Title VIII materials have been disseminated in order for the public to discuss and provide input on the aforementioned Title VIII materials. Farmington Municipal School District will hold these meetings in accordance with the New Mexico Open Meetings Resolution and the Local Board Policies. The New Mexico Open Meetings Resolution requires adequate notice to be given to the public prior to the convening of the meeting. In no case will the materials contained in Section Four be addressed without adequate advance notice.

A. Information such as location, place, and agenda items of school board meetings or public hearings will be publicized in local news media prior to the actual meeting.

B. Ample opportunity will be given to the public to place an item on the agenda. The public may submit written comments and/or oral testimony at the meeting.

SECTION VI

Farmington Municipal School District adopts these procedures to assure meaningful input from Indian community (FIEC, parents, Navajo Nation representatives) and modifying polices and procedures based on that input.

A. The Navajo Nation Division of Education and the State Department of Education monitoring teams will have opportunity to make recommendations concerning the educational programs.

B. An ad hoc committee may be formed to review the extent of meaningful Indian parental involvement and make recommendations to the Board of Education for improvement of parental involvement and input.

C. These recommendations will be addressed at a duly called School Board Meeting. Section Four will be utilized to publicize this meeting.

TECHNOLOGY SECURITY POLICY

August 16, 2006

1. Introduction
1.1. Summary
This security policy defines acceptable & appropriate use of information systems available within the Farmington Municipal School District (computer, network, phone, voicemail, fax, etc.). All staff, students and visitors’, acceptance and compliance with this security policy is required in order for them to be authorized to access the information systems within the FMS district. The document also serves as an aid in understanding some of the basic technologies, practices and protocols in use within the FMS district.
1.2. Purpose
This security policy has been created for the purpose of protecting the information systems available within the FMS district. It protects the integrity and accuracy of the information, and availability of the information systems. It helps maintain easier manageability thus providing a higher quality of service for all users of the network. It further protects the FMS district from unnecessary legal liability. Users of the information systems will also benefit from such protection as they comply with this policy.
1.3. Table of Contents

1. INTRODUCTION
1.1 Summary
1.2 Purpose
1.3 Table of Contents 

2.  SCOPE & DEFINITIONS

3. ENFORCEMENT

4. COMPLIANCE WITH THE POLICY

5. POLICY STATEMENT
5.1. Basic Security Elements
5.1.1. Identification
5.1.2. Authentication
5.1.3. Authorization
5.1.4. Passwords
5.2. Personal Use
5.2.1. Use of Information Systems
5.2.2. Privacy
5.3. Network.
5.3.1. Users of the network
5.3.2. Remote Network Access
5.3.3. Third Party Access
5.3.4. Privacy of Communications
5.4. Software Policies
5.4.1. Software Copyright
5.4.2. Software Ownership
5.5. Other Policies
5.5.1. Physical Security
5.5.2. Use of Standards
5.5.3. Fax & Voicemail (Unified Communications)

6. ACCEPTABLE USE
6.1. Network & Internet Summary
6.2. Obtaining access
6.2.1. Responsibility Requirement
6.3. Content of Internet – Warning / Benefits
6.3.1. Content Filtering / Content Liability
6.3.2. Parental Responsibility
6.4. Legal Liability
6.5. Prohibited Activity
6.6. Privacy

7. INTERNET SAFETY POLICY

8. SUMMARY

2. Scope & Definitions
The following terms and conventions will be used with this document:
2.1. Who: 
The security policy applies to all staff, students and visitors within the FMS district.
2.2. What: 
The security policy applies to all computers (client, server, etc.), phones (voice, fax, etc.), network equipment (routers, switches, cabling, wireless access points, etc.), printers, peripherals (scanners, digital cameras/camcorders, etc.), storage media (floppy disks, CD’s, USB/Firewire drives, etc.) and all other devices which are, or can be connected to the FMS network (AKA: Computer network, data network, communications network, etc.)
2.3. Definitions
FMS – Farmington Municipal Schools
District – All sites within the FMS District
Network – FMS technology/communications network throughout the entire district (AKA: Computer network, data network, phone/voice/fax network, etc.)

3. Enforcement
This security policy is an integral part of the overall district policies which outline appropriate behavior and use of district property. Therefore, enforcement is inline with other violations of the board policy.

4. Compliance with the Policy
4.1. It is required by all FMS staff and students to comply with the FMS Technology Security Policy.
4.2. Compliance is to be handled at both the district and school levels by administrators.
4.3. Compliance may be monitored, explained & clarified by computer techs throughout the district, as well as any other staff members who are given these assignments.
4.4. It is the responsibility of all FMS staff and students to report violations of this policy to the appropriate person(s) (Students report to teachers, principals, IT staff, school staff, etc. Staff report to the appropriate authority at the school or district level).
4.5. Exceptions may be warranted on a case-by-case basis, where appropriate. All desired exception requests should be made to the appropriate administrator, who will consult the district IT staff, before granting approval to the exception. (Exception requests should be as specific as possible, in order to expedite the approval process.)
4.6. Any exception not authorized by the appropriate administration is in violation of the security policy.
4.7. This document is not to be considered all-inclusive. It is a standard and guideline for specifics, as well as general ideologies concerning the FMS network. The district reserves the right to determine whether any activity not specifically mentioned in this document is contrary to the nature of activity intended by the district security policy.
4.8. Questions regarding compliance should be referred to the site / district technology staff for clarification.

5. Policy Statement
5.1. Basic Security Elements
5.1.1. Identification
A unique user identification code, called a user ID, is used to represent a user’s identity to the system. This user ID is used for authorization, authentication, and auditing purposes.
5.1.1.1. Users must be uniquely identified to provide individual accountability.
5.1.1.2. A unique user ID will be assigned to individuals and used for identification of that individual.
5.1.2. Authentication
Authentication is the process of identifying a unique user or device. This is done by an authentication mechanism. The most common of which is having a user type their username and password at an authentication prompt.
5.1.2.1. Users must be authenticated when accessing computer, voicemail, and other services made available through the network.
5.1.3. Authorization
5.1.3.1. Individual users and devices shall be authorized to access to needed resources, as well as denied or restricted access to unnecessary resources.
5.1.3.2. Accessing or attempting to access resources without receiving authorization from the proper authority is prohibited.
5.1.4. Passwords
All passwords used on the network should be:
5.1.4.1. Not in plain English.
5.1.4.2. Difficult to guess.
5.1.4.3. Kept secret.
5.1.4.3.1. Not written down.
5.1.4.3.2. Not shared with others.
5.2. Personal Use
5.2.1. Use of Information Systems
The users of information technology systems must utilize the systems in a legal, responsible manner.
5.2.1.1. The systems and network shall not be used to generate, access or distribute material that is illegal or immoral or contravenes the principles of the district.
5.2.1.2. Use of the network and systems for commercial purposes is prohibited.
5.2.2. Privacy
The protection of the privacy of personal information, of staff and students, is of utmost importance.
5.2.2.1. The entire system will adhere to relevant local, state and federal privacy and protections acts, including, but not limited to: HIPPA, FERPA and SIP.
5.2.2.2. The entire system and all users must adhere to privacy regulations put forth in the FMS board policy.
5.3. Network
5.3.1. Users of the network
The network is in place for the educational, professional and legal purposes of the school district. Access to the system is permitted only to the following:
5.3.1.1. Staff, who have accepted the board policy (which includes this document).
5.3.1.2. All FMS students immediately upon their enrollment in the district. Students are automatically subject to the district Board Policy, which refers to this document.
5.3.1.3. Others who have been authorized to use the network by the district IT department, or other appropriate administration. (Examples include, but are not limited to: contract or maintenance workers, guests making sales presentations, and other non-student/non-staff users.)
5.3.1.3.1. In such situations, access is only granted to the necessary systems.
5.3.2. Remote Network Access
Employees may request or require access to the systems from network locations that are outside of the district network. This remote access may be granted when adhering to the following stipulations:
5.3.2.1. Appropriate justification is given for such access.
5.3.2.2. Required security measures are in place.
5.3.2.3. These requests must not compromise the security of the systems, network or data.
5.3.2.4. They must also follow the previously established requirements of the security policy.
5.3.3. Third Party Access
Third parties may request access to computing systems for contract work or to conduct special projects such as contract or maintenance agreement fulfillment. These requests should adhere to the following guidelines:
5.3.3.1. Have the appropriate approval
5.3.3.2. Be subject to stringent security mechanisms such as specific location access, time of day limitations, or other limitations.
5.3.3.3. These requests must not compromise the security of the systems, network or data.
5.3.3.4. They must also follow the previously established requirements of the security policy.
5.3.4. Privacy of Communications
The network is the property of the district. Users should not assume that their use of the network is private. The position of the district on the privacy of voice, data, fax & other communications across the network is as follows:
5.3.4.1. Electronic communications & all other network use may be subject to review, depending on the district principles and culture and the level of concern for the protection of sensitive information.
5.3.4.2. Review of electronic communications may also be required when investigating any breaches of district policy.
5.4. Software Policies
5.4.1. Software Copyright
Copyright laws protect the right of software manufacturers to create and distribute their software. Restrictions on use are included in manufacturers’ licensing agreements, which accompany each software package. The licensing agreement will stipulate the number of machines that may have the software installed on them. Violation of copyright laws is a serious offense and can subject the district to legal action.
5.4.1.1. The entire district will strictly adhere to the licensing agreements for all software used.
5.4.1.2. If additional licenses are needed for any software program they must be legally obtained. This may include the purchase of a site license (school or district). Such acquisitions must be made through the appropriate channels within the school or district.
5.4.2. Software Ownership
Any software program has the potential to disrupt the availability of the IT network (whether the local computer, network or otherwise). Further, the district is liable for software licensing violations in the network. Knowledge, control and approval of all software programs installed on the District computer network should be maintained by the appropriate entities (Site/District IT).
5.4.2.1. All software installed in the district network must be owned by / licensed to the district, except where an explicit exception is made by the proper authority (site/district IT department).
5.4.2.2. Approval is necessary in order to ensure:
5.4.2.2.1. The compatibility and validity of software programs.
5.4.2.2.2. Appropriate software licensing.
5.5. Other Policies
5.5.1. Physical Security
A secure, protected environment is essential for efficient system operation of all components of the network.
5.5.1.1. Physical access to areas containing data processing facilities is restricted to those with a clear need for access.
5.5.1.2. Prior to any equipment being checked out or leaving its primary location, the appropriate school/district check-out/release procedure must be completed. (This includes, but is not limited to computers, digital/video cameras, projection units, etc.)
5.5.1.3. Connecting devices to the network, if not owned by the district (e.g. personal property of staff or other ownership), is prohibited, with the exception of removable storage devices used exclusively for the purposes of backing up and transferring data. This use must not violate any other section of the security policy or the board policy.
5.5.2. Use of Standards
The adoption of standards is an important principle providing direction for information technology systems. These standards aid in establishing interoperability & portability of applications & communications, in a networked environment.
5.5.2.1. Technologies adopted and implemented in the district, must operate cleanly with the existing standards in place on the network.
5.5.3. Fax & Voicemail (Unified Communications)
Normally the fax and voicemail component of the communications in a district are separate from other data and are often overlooked when considering security and integrity. Farmington Municipal Schools has implemented an integrated, unified communications system that places electronic mail, data, fax and voice on the same network.
5.5.3.1. With the integrity of the network system impacting all electronic information (mail, data, voice) it is imperative that security be implemented on a scale that incorporates all potential weak points.
5.5.3.2. All fax, voice and voicemail use must conform to this policy.

6. Acceptable Use
6.1. Network & Internet Summary
We are pleased to offer students and staff of the Farmington Municipal Schools access to the district computer network for electronic mail, the Internet and other education-related technologies. Access to the Internet will enable users to explore thousands of libraries, databases, and bulletin boards while exchanging messages with Internet users throughout the world. The network is provided for users to conduct research, communicate with others and utilize many excellent education-related technology resources.
6.2. Obtaining access
To gain access to network resources, all students and staff must agree to abide by the acceptable use defined by this document. Access is a privilege - not a right. Access requires responsibility. If a parent or guardian does not wish for their student to have access to the internet/network, this request must be submitted to the appropriate school in writing.
6.2.1. Responsibility Requirement
Users are responsible for good behavior on school computer networks just as they are in a classroom or a school hallway. Communications on the network are often public in nature. General school rules for behavior and communications apply. Access to network services is given to users who agree to act in a considerate and responsible manner.
6.3. Content of Internet – Warning / Benefits
Families should be warned that some material accessible via the Internet may contain items that are illegal, defamatory, inaccurate or potentially offensive to some people. While our intent is to make Internet access available to further educational goals and objectives, users may find ways to access other materials as well. We believe that the benefits to users from access to the Internet, in the form of information resources and opportunities for collaboration, exceed any disadvantages.
6.3.1. Content Filtering / Content Liability
Within reason, freedom of speech and access to information will be honored. Individual users of the district computer networks are responsible for their behavior and communications over those networks. It is expected that users will comply with district standards and will honor the agreements they have signed. Beyond the clarification of such standards, the district is not responsible for restricting, monitoring or controlling the communications of individuals utilizing the network. In addition, Farmington Municipal Schools takes no responsibility for any information or materials that are transferred through the Internet.
6.3.2. Parental Responsibility
During school, teachers will guide students toward appropriate materials. Outside of school, families bear the same responsibility for such guidance as they exercise with information sources such as television, telephones, movies, radio and other potentially offensive media. Ultimately, parents and guardians of minors are responsible for setting and conveying the standards that their children should follow when using media and information sources. To that end, Farmington Municipal Schools support and respect each family's right to decide whether or not to receive network & Internet access.
6.4. Legal Liability
Farmington Municipal Schools will not be liable for the actions of anyone connecting to the Internet through using the FMS network. All users shall assume full liability, legal, financial, or otherwise, for their actions.
6.5. Prohibited Activity
As outlined in Board policy and procedures on student and staff rights and responsibilities and in the Student and Staff Handbooks of individual schools, users of the FMS network are prohibited from participating in certain activities which include, but are not limited to:• Sending, storing, or displaying offensive material (e.g. messages, images, videos, audio)• Using obscene language• Harassing, insulting or attacking others• Damaging computers, computer systems or computer networks• Violating copyright laws• Using others' passwords• Trespassing in others' folders, work or files• Intentionally wasting limited resources• Illegal activity• Violations of board, school & this security policy• Other activities as determined by school & district administration, as well as the school board.
6.6. Privacy
As per the Technology Security Policy section 5.3.4: Network storage areas and individual computers may be treated like school lockers. Network administrators may review files and communications to maintain system integrity and insure that users are using the system responsibly. Users should not expect that files stored on district servers or individual computers will always be private.

7. INTERNET POLICY

Introduction

It is the policy of Farmington Municipal Schools to: (a) prevent user access over its computer network to, or transmission of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications; (b) prevent unauthorized access and other unlawful online activity; (c) prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and (d) comply with the Children’s Internet Protection Act [Pub. L. No. 106-554 and 47 USC 254(h)].

Definitions

Key terms are as defined in the Children’s Internet Protection Act. *

Access to Inappropriate Material

To the extent practical, technology protection measures (or “Internet filters”) shall be used to block or filter Internet, or other forms of electronic communications, to prevent access to inappropriate information.

Specifically, as required by the Children’s Internet Protection Act, blocking shall be applied to visual depictions of material deemed obscene or child pornography, or to any material deemed harmful to minors.

Subject to staff supervision, technology protection measures may be disabled for adults or, in the case of minors, minimized only for bona fide research or other lawful purposes.

Inappropriate Network Usage
To the extent practical, steps shall be taken to promote the safety and security of users of the Farmington Municipal Schools online computer network when using electronic mail, chat rooms, instant messaging, and other forms of direct electronic communications.

Specifically, as required by the Children’s Internet Protection Act, prevention of inappropriate network usage includes: (a) unauthorized access, including so-called ‘hacking, and other unlawful activities; and (b) unauthorized disclosure, use, and dissemination of personal identification information regarding minors.

Education, Supervision and Monitoring

It shall be the responsibility of all members of the Farmington Municipal Schools instructional staff to educate, supervise and monitor appropriate usage of the online computer network and access to the Internet in accordance with this policy, the Children’s Internet Protection Act, the Neighborhood Children’s Internet Protection Act, and the Protecting Children in the 21st Century Act.

Procedures for the disabling or otherwise modifying any technology protection measures shall be the responsibility of the Chief Technology Officer or designated representatives.

The Chief Technology Officer or designated representatives will provide age-appropriate training for students who use the Farmington Municipal Schools Internet facilities. The training provided will be designed to promote the Farmington Municipal School’s commitment to:

1. The standards and acceptable use of Internet services as set forth in the Farmington Municipal Schools Internet Safety Policy;

2. Student safety with regard to:

3. Compliance with the E-rate requirements of the Children’s Internet Protection Act (“CIPA”).

Following receipt of this training, the student will acknowledge that he/she received the training, understood it, and will follow the provisions of the District's acceptable use policies.

Adoption

This Internet Safety Policy was adopted by the Board of the Farmington Municipal Schools at a public meeting, following normal public notice, on <Month, Day, Year>.

*CIPA definitions of terms:

MINOR. The term “minor” means any individual who has not attained the age of 17 years.

TECHNOLOGY PROTECTION MEASURE. The term “technology protection measure” means a specific technology that blocks or filters Internet access to visual depictions that are:

1. OBSCENE, as that term is defined in section 1460 of title 18, United States Code;

2. CHILD PORNOGRAPHY, as that term is defined in section 2256 of title 18, United States Code; or

3. Harmful to minors.

HARMFUL TO MINORS. The term, “harmful to minors” means any picture, image, graphic image file, or other visual depiction that:

1. Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;

2. Depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

3. Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

SEXUAL ACT, SEXUAL CONTACT. The terms “sexual act” and “sexual contact” have the meanings given such terms in section 2246 of title 18, United States Code.

Adopted 2/9/21

8. Summary
The utilization of the information technologies available today benefits the district in many ways. Administration becomes more efficient. Staff can do more and be more creative. Students have access to more information and resources to supplement the learning process. Abiding by this policy allows the district to do more with technology. As less time and resources are spent dealing with such issues, more can be invested in proactively moving forward.

MEMORANDUM OF AGREEMENT BETWEEN FARMINGTON MUNICIPAL SCHOOLS AND NAVAJO NATION

THIS AGREEMENT is made and entered into by the Farmington Municipal Schools, hereinafter referred to as “Farmington Schools,” and the Department of Diné Education (DODE), hereinafter referred to as the “Nation,” for and on behalf of the Navajo Nation.

WHEREAS, Farmington Schools recognizes the unique role and sovereignty of the Nation in establishing the Navajo Sovereignty in Education Act (NSEA) of 2005; and 

WHEREAS, Farmington Schools recognizes the Nation's right of self-determination; and

WHEREAS, Farmington Schools, in recognition of the sovereign status of the Nation, respects the continued existence of the Nation's government, values, culture, codes and laws; and

WHEREAS, the cultural perspectives and educational needs of Navajo students are essential and unique; and

WHEREAS, Farmington Schools and the Nation acknowledge the value of culturally relevant learning environments, educational opportunities and culturally relevant instructional materials for Navajo Nation students enrolled in Farmington Schools; and

WHEREAS, Farmington Schools and the Nation have a mutual desire to achieve their goals and work in harmony for the common purpose of providing a culturally relevant educational opportunity to the Navajo Nation students enrolled in Farmington Schools.

NOW, THEREFORE, Farmington Schools and the Nation voluntarily enter into this Agreement and do hereby agree as follows:

I.  SCOPE OF AGREEMENT

A.  Pursuant to the Navajo Sovereignty in Education Act of 2005, Farmington Schools and the Nation desire to effectuate an agreement that recognizes that the DODE has the inherent authority and right to exercise its responsibility to the Navajo people for their education by implementing education laws and policies applicable to all schools serving the Navajo Nation, for education in the Navajo language, culture, history, character, and government, parental involvement, and to provide Navajo culturally relevant professional development and training for all Farmington Schools staff, parents and community members.

II.  GENERAL PROVISIONS

1. It is in the best interest of the Nation and Farmington Schools to proceed in a cooperative effort, where there are no financial obligations back to the other, with the planning and development of certain outreach and educational activities, including but not limited to, standards, criteria, competencies, instructional strategies, best practices, guidelines, training and technical assistance, that address issues associated with culturally diverse populations.

2. The Nation is a sovereign nation and Farmington Schools is a political subdivision of the State of New Mexico.  Therefore, the duties and responsibilities of each party pursuant to this Agreement shall be consistent with all federal, state, local and Navajo Nation laws, to the extent those laws apply to the parties of jurisdictional areas.

3. This Agreement does not create any substantive or procedural right or benefit, civil or criminal, in favor of the parties or any person or entity not a party hereto, nor does it create a duty to respond not otherwise imposed by law.

4. The parties do not waive any immunity conferred by applicable law.

5. The Nation and the Farmington Schools shall each be solely responsible for its own costs except as otherwise mutually agreed, in writing, by the parties.

III.  EFFECTIVE DATE AND TERM

This Agreement shall be effective on the last signature set forth below (the “Effective Date”) and shall terminate upon written notice by either party as set forth in Section VI.

IV.  AMENDMENT

This Agreement shall not be altered, changed, or amended except by an instrument in writing executed by the parties hereto.

V.  ADMINISTRATION OF AGREEMENT

A.  Farmington Schools and the Nation shall each designate and notify each other of a liaison to work cooperatively to implement the terms of this Agreement.  The liaison for Farmington Schools shall be the Superintendent or the designee of Farmington Schools. The liaison for the Nation shall be the Superintendent of the Department of Diné Education.

B.  The designated liaisons described above in Paragraph IV.A. and selected members of their staffs shall meet at least annually to discuss matters related to the implementation of this Agreement.

C.  Pursuant to this Agreement, Farmington Schools agrees to cooperate with the Nation in an effort to provide reasonable opportunities for: parental involvement; education in the Navajo language, culture, history, character, and government standards; Navajo culture, relevant professional development; and training for all Farmington Schools staff, parents, and community members in accordance with state and federal law.

D.  Pursuant to this Agreement, the Nation agrees to and shall provide technical and other assistance to assist Farmington Schools in implementing measures to provide the reasonable opportunities set forth above in Paragraph V.B.

E.  The Nation shall perform the following activities pursuant to this Agreement:

1.  The Nation shall develop, maintain, and provide to Farmington Schools reasonable standards, criteria, competencies and best practices to guide Farmington Schools in teaching the Navajo language, culture, history and government.  These standards, criteria, competencies and best practices shall be subject to review, revision and approval by Farmington Schools.

2.  The Nation shall develop and provide to Farmington Schools a reasonable process and best practices for the dissemination of the Navajo language, culture, history, character, and government standards to guide Farmington Schools.  Such process and best practices may include reasonable training and other support necessary to effectively implement the Navajo language, culture, history, character, and government standards. Such processes and best practices shall be subject to review, revision, and approval by Farmington Schools.

3.  The Nation shall develop processes and best practices to guide Farmington Schools and shall provide technical assistance and training to Farmington schools, on how to effectively implement the Navajo language, culture, history, character, and government curriculum, materials, instruction and assessment.  Such processes and best practices shall be subject to review, revision and approval by Farmington Schools.

4.  The Nation shall evaluate the implementation of the Navajo language, culture, history, character, and government standards instruction, and provide in writing to Farmington Schools, verification that specific classrooms meet the Navajo language, culture, history, and government standards criteria, competencies, and best practices developed by the Nation.  The Nation shall inform the Farmington Schools in writing if the Navajo language, culture, history, character, and government standards criteria, competencies, and best practices are not being implemented or ineffective strategies are being used by Farmington Schools. The Nation shall collaborate with Farmington Schools to identify effective instructional strategies and best practices and shall develop reasonable processes to be used by Farmington Schools to help fully implement the Navajo language, culture, history, character, and government standards.  Such instructional strategies, best practices, and processes shall be subject to review, revision, and approval by Farmington Schools.

5.  The Nation shall establish reasonable general guidelines to implement appropriate Navajo cultural awareness programs for all Farmington Schools stakeholders.  Such general guidelines shall be subject to review, revision, and approval by Farmington Schools.

6.  The Nation shall establish a clearinghouse for effective indigenous instructional strategies to teach the Navajo language, culture, history, character, and government standards.

7.  The Nation shall establish a clearinghouse for student academic achievement data and indigenous educational research data.

8.  The Nation shall develop a reasonable strategic plan for the administration of this Agreement.  Such strategic plan shall be subject to review, revision, and approval by Farmington Schools.

F.  Farmington Schools shall perform the following activities pursuant to this Agreement:

1.  Farmington Schools shall make reasonable efforts to promote parental involvement in all schools serving Navajo communities.  Farmington Schools shall disclose to Navajo Nation parents information about the quality of their childís teachers, academic achievement and overall school performance as required by federal and New Mexico laws.  Every Navajo Nation parent shall be afforded the reasonable opportunity to participate in upgrading the quality of the local education plan. The Nation will have the opportunity to review and provide input on these initiatives.

2.  Farmington Schools and Navajo Nation parents shall jointly and cooperatively develop a written policy for parental involvement that shall promote and support student achievement.  The Nation will have the opportunity to review and provide input on such policy, the final adoption of which is at the sole discretion of Farmington Schools.

3.  Farmington Schools shall provide reasonable technical assistance, parental training, and resources to assist in coordinating Navajo Nation parent programs.  The Nation will have the opportunity to review and provide input on these processes, the final implementation of which is at the sole discretion of Farmington Schools.

4.  Farmington Schools shall make reasonable efforts to promote and support community leadership to maximize community responsibilities to the education of Navajo Nation students within the Farmington Schools.  The Nation will have the opportunity to review and provide input on these efforts, the final implementation of which is at the sole discretion of Farmington Schools.

5.  Farmington Schools shall make reasonable efforts to promote and support the importance of revitalizing and perpetuating the Navajo language.  The Nation will have the opportunity to review and provide input on these efforts, the final implementation of which is at the sole discretion of Farmington Schools.

6.  Farmington Schools shall make available instruction in the Navajo language at all grade levels as required by federal and/or state law.  Such instruction shall be subject to availability of highly qualified Navajo Language Instructors. Such Navajo language instruction shall include to the greatest extent practical: thinking, speaking, comprehension, reading and writing skills, and study of the Navajo language.  The Nation will have the opportunity to review and provide input on such instruction, the final implementation of which is at the sole discretion of Farmington Schools.

7.  Farmington Schools shall have a written curriculum that is based on the New Mexico state standards which promotes and establishes student competency in both the American and the Navajo culture.  The Nation will have the opportunity to review and provide input on such written curriculum, the final adoption and implementation of which is at the sole discretion of Farmington Schools.

8.  Farmington Schools shall make reasonable efforts to provide research based instructional strategies that reflect the unique culture of the Navajo Nation students.  The Nation will have the opportunity to review and provide input on such instructional strategies, the final implementation of which is at the sole discretion of the Farmington Schools.

9.  Farmington Schools shall make reasonable efforts to identify Navajo Nation students who are non-proficient Navajo speakers.  A recognized language assessment shall be used to assist in identifying such non-proficient Navajo speakers. The Nation will have the opportunity to review and provide input on these processes, the final adoption and implementation of which is at the sole discretion of the Farmington Schools.

10.  Farmington Schools shall make reasonable efforts to provide English language development for Navajo Nation students identified as “Limited English Proficient” (LEP).  A recognized language assessment shall be used to assist in identifying such LEP students. The Nation will have the opportunity to review and provide input on these processes, the final adoption and implementation of which is at the sole discretion of Farmington Schools.

11.  Farmington Schools shall make reasonable efforts to include courses or course content that develops knowledge, understanding and respect for Navajo culture, history, character, and government in the Farmington Schools curriculum.  The Nation will have the opportunity to review and provide input on such courses or course content, the final adoption and implementation of which is at the sole discretion of Farmington Schools.

12.  Farmington Schools, in consultation with parents, students, and the local communities, shall assist the Nation in determining the appropriate course content for the Navajo culture, history, character, and government component of the curriculum.  The Nation will have the opportunity to review and provide input on these processes, the final adoption and implementation of which is at the sole discretion of Farmington Schools.

13.  Farmington Schools shall make reasonable efforts to develop appropriate Navajo culture awareness programs as an integral part of Farmington Schools in-service programs for all personnel.  The in-service programs may include understanding and respecting the Navajo language, culture, history, character, and government. The general guidelines established by the Nation shall be used to implement the Navajo cultural awareness programs.  The Nation will have the opportunity to review and provide input on these programs, the final implementation of which is at the sole discretion of Farmington Schools.

14.  Farmington Schools shall make reasonable efforts, within the confines of and in compliance with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, to assist and coordinate with the Nation to obtain authorized student-level data, teacher demographics, teacher certification status, attendance, graduation rates, language commonly spoken at home (home language), truancy data, disaggregated school safety data, and Oral Diné Language Assessment (ODAL) data.  The Nation will have the opportunity to review and provide input on such, the final adoption and implementation of which is at the sole discretion of Farmington Schools.

G.  Resource limitations, in the Farmington Schools, the Nation, and the community, dictate that the parties will be unable to implement at once all activities contemplated by this Agreement.  Therefore, implementation dates for activities will be established annually by the mutual and good faith agreement of the parties.

VI.  TERMINATION OF AGREEMENT

Either party hereto, upon thirty (30) days written notice to other party, may terminate this Agreement without cause.  By such termination, neither party may nullify obligations incurred prior to the effective date of termination.

VII.  INTEGRATION OF AGREEMENT

This Agreement incorporates all of the agreements, covenants, and understandings between the parties concerning the subject matter, and all such covenants, agreements and understandings have been merged into this written Agreement.  No prior agreements or understandings, verbal or otherwise, or of the parties or their agents shall become valid or enforceable unless contained in this Agreement.

VIII.  MAINTENANCE OF RECORDS

Farmington Schools agrees to maintain an accessible collection of records relevant to its obligations under this Agreement.

The Nation agrees to maintain an accessible collection of records relevant to its obligations under this Agreement.  The Nation agrees to permit inspection of these records by the Farmington Schools Superintendent and/or the New Mexico Secretary of Education or their respective designees.

IX.  DISPUTE RESOLUTION

Disputes on any matter relating to the Agreement shall be discussed and steps taken to arrive at a mutually agreeable solution by authorized representatives of each party who have the authority to bind the party that they represent. The parties shall use their best efforts to amicably and promptly resolve the dispute.  If the parties are unable to resolve the dispute themselves within a reasonable time period as determined by the representatives, neutral outside facilitation/mediation will be engaged to resolve disputes that impact the implementation of this Agreement and have a direct impact on Navajo Nation students in Farmington Schools.

X.  FORCE MAJEURE

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including without limitation, Acts of God, government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

XI.  APPROPRIATIONS

The terms of this Agreement, and any subsequent renewal thereof, are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico to the Farmington Schools for the performance of this Agreement.  If sufficient appropriations and authorizations are not made by the Legislature to the Farmington schools, this Agreement shall terminate upon written notice being given by Farmington Schools to the Nation. The Farmington Schoolsí decision as to whether sufficient appropriations are available shall be accepted by the Nation and shall be final.

XII.  NO THIRD PARTY BENEFICIARIES

Farmington Schools and the Nation are the only parties to this Agreement.  Nothing in this Agreement provides any benefit or right, directly or indirectly, to third parties.  The parties shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement.

XIII.  NOTICE

All notices and other communications required or permitted by the Agreement shall be in writing and given by personal delivery, e-mail, fax, first class postage prepaid mail, or certified mail to the following representatives:

NAVAJO NATION FARMINGTON SCHOOLS

Ben Shelly Janel M. Ryan
Name Name
P. O. Box 5850
P. O. Box 9000 2001 North Dustin