Couch R-I Student Handbook

Standard Complaint Resolution Procedure For Every Student Succeeds Act (ESSA)

This complaint resolution procedure applies to all programs administered by the Missouri Department of Elementary and Secondary Education under the No Child Left Behind Act.

A complaint is a formal allegation that a specific federal or state law or regulation has been violated, misapplied, or misinterpreted by school by school district personnel or by Department of Education personnel.

Any parent or guardian, surrogate parent, teacher, administrator, school board member, or other person directly involved with an activity, program, or project operated under the general supervision of the Department may file a complaint. Such a complaint must be in writing and signed; it will provide specific details of the situation and indicate the law or regulation that is allegedly being violated, misapplied, or misinterpreted.

The written, signed complaint must be filed and the resolution pursued in accordance with local district policy:

• The principal shall schedule a conference with the student and any staff members involved to attempt to resolve the problem. Parents/guardians may be involved in the conference, or a later conference for parents/guardians may be scheduled at the discretion of the principal.
• If the problem is not resolved to the satisfaction of the student and/or parents/guardians, a request may be submitted for a conference with the superintendent of schools. The superintendent shall arrange a conference to consider the problem, and to inform participants of the action that will be taken.
• If the student and/or parents/guardians are not satisfied with the action of the superintendent, they may submit a written request to appear before the Board of Education. Unless required by law, a hearing will be at the discretion of the Board. The decision of the Board shall be final.

If the issue cannot be resolved at the local level, the complainant may file a complaint with the Missouri Department of Education. If there is no evidence that the parties have attempted in good faith to resolve the complaint at the local level, the Department may require the parties to do so and may provide technical assistance to facilitate such resolution.

Any persons directly affected by the actions of the Department may file a similarly written complaint if they believe state or federal laws or regulations have been violated, misapplied, or misinterpreted by the Department itself.

Anyone wishing more information about this procedure or how complaints are resolved may contact local district or Department personnel.

Missouri Department of Elementary and Secondary Education
Every Student Succeeds Act of 2015 (ESSA)
Complaint Procedures

This guide explains how to file a complaint about any of the programs1 that are administered by the Missouri Department of Elementary and Secondary Education (the Department) under the Every Student Succeeds Act of 2015 (ESSA)2.

What is a complaint?

For these purposes, a complaint is a written allegation that a local education agency (LEA) or the Missouri Department of Elementary and Secondary Education (the Department) has violated a federal statute or regulation that applies to a program under ESSA.

Who may file a complaint?

Any individual or organization may file a complaint.

How can a complaint be filed?

Complaints can be filed with the LEA or with the Department.

How will a complaint filed with the LEA be investigated?

Complaints filed with the LEA are to be investigated and attempted to be resolved according to the locally developed and adopted procedures.

What happens if a complaint is not resolved at the local level (LEA)?

A complaint not resolved at the local level may be appealed to the Department.

How can a complaint be filed with the Department?

A complaint filed with the Department must be a written, signed statement that includes:

1. A statement that a requirement that applies to an ESSA program has been violated by the LEA or the Department, and
2. The facts on which the statement is based and the specific requirement allegedly violated.

How will a complaint filed with the Department be investigated?

The investigation and complaint resolution proceedings will be completed within a time limit of forty-five calendar days. That time limit can be extended by the agreement of all parties.

The following activities will occur in the investigation:

1. Record. A written record of the investigation will be kept.
2. Notification of LEA. The LEA will be notified of the complaint within five days of the complaint being filed.
3. Resolution at LEA. The LEA will then initiate its local complaint procedures in an effort to first resolve the complaint at the local level.
4. Report by LEA. Within thirty-five days of the complaint being filed, the LEA will submit a written summary of the LEA investigation and complaint resolution. This report is considered public record and may be made available to parents, teachers, and other members of the general public.
5. erification. Within five days of receiving the written summary of a complaint resolution, the Department will verify the resolution of the complaint through an on-site visit, letter, or telephone call(s).
6. Appeal. The complainant or the LEA may appeal the decision of the Department to the U.S. Department of Education.

How are complaints related to equitable services to nonpublic school children handled differently?

In addition to the procedures listed in number 7 above, complaints related to equitable services will also be filed with the U.S. Department of Education, and they will receive all information related to the investigation and resolution of the complaint. Also, appeals to the United States Department of Education must be filed no longer than thirty days following the Department’s resolution of the complaint (or its failure to resolve the complaint).

How will appeals to the Department be investigated?

The Department will initiate an investigation within ten days, which will be concluded within thirty days from the day of the appeal. This investigation may be continued beyond the thirty day limit at the discretion of the Department. At the conclusion of the investigation, the Department will communicate the decision and reasons for the decision to the complainant and the LEA. Recommendations and details of the decision are to be implemented within fifteen days of the decision being delivered to the LEA.

What happens if a complaint is not resolved at the state level (the Department)?

The complainant or the LEA may appeal the decision of the Department to the United States Department of Education.

Local education agencies are required to disseminate, free of charge, this information regarding ESSA complaint procedures to parents of students and appropriate private school officials or representatives.

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Last Updated Wednesday, July 24, 2024

Asbestos Notice

Some buildings contain asbestos materials on the Couch R-I School campus. An inspection of asbestos containing materials and assumed asbestos containing materials is conducted every three years by Mead Environmental Associates, Inc. Anyone wanting more information or wishing to view the Couch R-I Asbestos Management Plan can do so in the Superintendent’s office.

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Crisis Intervention Plan

The Couch R-I School District has a crisis intervention plan to help school district administrators and faculty deal effectively with crises that could interfere with the normal daily operation of school. This plan outlines and describes the district’s guidelines for responding to most crises. All Staff members with a need to know will be provided in-service training concerning these guidelines.

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Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the confidentiality of a student’s educational records. It also requires schools receiving federal money to provide parents access to their child’s records and allows them to request modification of the child’s educational records. This right is also extended to students who are 18 years of age and older.

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Last Updated Tuesday, July 23, 2024

Law Enforcement Cooperation

It shall be the policy of the school district to cooperate with law enforcement agencies in the interest of the larger welfare of all citizens of the community and for the welfare of the student population. Relationships between the schools and officials of law enforcement agencies in investigative matters concerning pupils will take into consideration the respective roles of the schools and law enforcement agencies in assisting and protecting the interests of the community, and ensuring the rights of all concerned. Districts may work with local law enforcement agencies to develop drug and alcohol use prevention and drug and alcohol trafficking suppression programs. School staff will fully cooperate in the prosecution of any crime or threat affecting the school district, to the extent allowed by law. School districts may report or disclose education records to law enforcement and juvenile justice authorities if the disclosure concerns law enforcement's or juvenile justice authorities' ability to effectively serve, prior to adjudication, the student whose records are released. The officials and authorities to whom such information is disclosed must comply with applicable restrictions set forth in 20 U.S.C. § 1232g (b) (1) (E).

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Notice of Nondiscrimination

Applicants for admissions and employment, students, parents, employees, sources of referral of applicants for admission and employment, and all unions or professional agreements with the Couch R-I School District are hereby notified that this institution does not discriminate on the basis of race, color, national origin, sex, age or handicap in admission or access to, or treatment or employment in, its programs and activities. Any person having inquiries concerning the Couch R-I School District’s compliance with the regulations implementing Title VI, Title IX and Section 504 is directed to contact the Superintendent of Schools at Couch High School, (417) 938-4211, who has been designated by the Couch R-I School District to coordinate the District’s effort to comply with the regulations implementing Title VI, Title IX and Section 504.

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Parent Notification

The Elementary and Secondary Education Act (ESEA) requires notification to parents when any of the following situations exist in a Local Education Agency (LEA) receiving federal funds. Additional information regarding these requirements can be found in this manual.

1. LEAs must annually disseminate DESE's ESSA Complaint Procedures to parents of students and appropriate nonpublic school officials or representatives.
2. At the beginning of each school year, a participating LEA must notify the parents of each student attending a school that receives Title I.A funds that they may request, and the LEA will provide in a timely manner, information regarding the professional qualifications of their child’s classroom teachers and any paraprofessionals providing services to their child.
3. A school that receives Title I.A funds must provide all parents notice their child has been assigned, or has been taught for four or more consecutive weeks, by a teacher or a person who is not appropriately certified.
4. Within 30 days after the beginning of the school year, an LEA must inform parents their child has been identified for participation in a language instruction educational program.
5. Parents/guardians of students enrolled in a persistently dangerous school or students who are victims of violent criminal offense while on school property must be notified of their option to transfer their student to a school that is not designated persistently dangerous.
6. Testing Transparency –LEAs must make available to the public for each grade and each assessment required by the state, the following: a. the subject matter assessed; b. the purpose for which the assessment is designed and used; c. the source of the requirement for the assessment (statutory cite); d. the amount of time spent on the assessment; e. the schedule for administering the assessment; and, f. the time and format for disseminating results.

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Parent's Right to Know (Highly Qualified Teacher Information)

Our district is required to inform you of certain information that you, according to The No Child Left Behind Act of 2001(Public Law 107-110), have the right to know. Upon your request, our district is required to provide to you in a timely manner, the following information:

• Whether the teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
• Whether the teacher is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived.
• Whether your child is provided services by paraprofessionals and, if so, their qualifications.
• What baccalaureate degree major the teacher has and any other graduate certification or degree held by the teacher, and the field of discipline of the certification. In addition to the information that parents may request, districts must provide to each individual parent
• Information on the achievement level of the parent’s child in each of the state academic assessments as required under this part; and
• Timely notice that the parent’s child has been assigned, or has been taught for four or more consecutive weeks by, a teacher who is not highly qualified.

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Public Notice

Procedures by which the public can find out information concerning location of and steps to follow in accessing the Couch R-I District facilities and services:

1. Each of the districts buildings are ADA accessible.
2. ADA restrooms are located in the following buildings:
   1. Elementary
   2. Library Complex
   3. High School
   4. New Gym
   5. Pre-School
3. There are handicapped parking spaces located as follows:
   1. Two Spaces Near Library Complex
   2. One Space Near Music Room
   3. One Space Near Playground
   4. One Space Near Ballfield
4. Anyone who has ADA needs and wishes access to the concession area of the ball field may gain assistance by informing the Couch R-1 coach conducting the ball field activity of the day. That coach will assist them by allowing them to be driven across the ball field up to the infield – near the home dugout. Once there, they can exit their vehicle and immediately get through the fence to a safe area to watch the activities and get concessions.
5. Anyone with ADA needs that wishes to obtain additional information or needs special arrangements made to assist them in accessing any of the Couch R-1 school facilities or services may contact any of the following persons:

Katie Janes - Superintendent (417) 938-4211
Anthony Collins - High School Principal (417) 938-42-12
Rachel Wiggs - Elementary Principal (417) 938-4212

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Public Notice FAPE/FERPA

All responsible public agencies are required to locate, evaluate, and identify children with disabilities who are under the jurisdiction of the agency, regardless of the severity of the disability, including children attending private schools, highly mobile children, such as migrant and homeless children, and children who are suspected of having a disability and in need of special education even though they are advancing from grade to grade. The Couch R-I School assures that it will provide a free, appropriate public education (FAPE) to all eligible children with disabilities between the ages of 3 and 21 under its jurisdiction. Disabilities include autism, multiple disabilities, orthopedic impairment, other health impairments, specific learning disabilities, speech or language impairment, traumatic brain injury, visual impairment/blindness and young children with developmental delays.

The Couch R-I School assures that it will provide information and referral services necessary to assist the State in the implementation of early intervention services for infants and toddlers eligible for the Missouri First Steps program.

The Couch R-I School assures that personally identifiable information collected, used or maintained by the agency for the purpose of identification, evaluation, placement or provision of FAPE children with disabilities may be inspected and/or reviewed by their parent/guardian. Parents/guardians may request amendment to the educational record if the parent/guarding believes the record is inaccurate, misleading or violates the privacy or other rights of their child. Parents have the right to file complaints with the U.S. Department of Education or the Missouri Department of Elementary and Secondary Education concerning alleged failures by the district to meet the requirements of the Family Education Rights and Privacy Act (FERPA).

The Couch R-I School has developed a Local Compliance Plan for the implementation of State Regulations for the Individuals with Disabilities Education Act (IDEA). This plan contains the agency’s policies and procedures regarding storage, disclosure to third parties, retention and destruction of personally identifiable information and the agency’s assurances that services are provided in compliance with the General Education Provision Act (GEPA). This plan may be reviewed in the principal’s office on days school is in session. This notice will be provided in native language as appropriate.

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Senate Bill 681

Missouri Governor Mike Parson signed Senate Bill 681 on June 30, 2022. The measure emphasizes the early assessment of students’ reading skills and requires school districts to intervene with students who are reading below grade level.

The law that became effective on July 1, 2022 requires:

• Assessment of students in Kindergarten to 5th grades to determine their reading level.
• Individualized “Reading Success Plans” for students in grades K-6 who are demonstrate a substantial reading deficiency by being one or more grade level(s) behind in reading or who are at risk of dyslexia.
• Additional reading instruction for students with Reading Success Plans.
• Parents or guardians of K-3 students with a reading deficiency must be notified in writing and given a description of the intensive supplemental reading instruction to be provided and strategies to use at home to support the student’s reading. Students with Individual Education Plans (IEPs) are exempt from this requirement.

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Sexual Harassment Under Title IX

The Couch R-I School District does not discriminate on the basis of sex in its education programs and activities, including employment and admissions, as required by Title IX of the Education Amendments of 1972 (Title IX). All forms of sex-based discrimination are prohibited in the district, but this policy focuses exclusively on sexual harassment as defined in Title IX that occurs within the education programs and activities of the district. However, the district will respond promptly to investigate and address any report or complaint of sexual harassment.

"Sexual harassment under Title IX" is conduct on the basis of sex within the scope of the district's education programs or activities (as defined in this policy) that satisfies one or more of the following:

1. An employee of the district conditioning the provision of an aid, benefit or service of the district on an individual's participation in unwelcome sexual conduct;
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the district's education program or activity; or
3. "Sexual assault" as defined in 20 U.S.C. 1092(f)(6)(A)(v), "dating violence" as defined in 34 U.S.C. 12291(a)(10), "domestic violence" as defined in 34 U.S.C. 12291(a)(8) or "stalking" as defined in 34 U.S.C. 12291(a)(30).

See the "Definitions Applicable to this Policy" section at the end of this document for definitions of other terms applicable to this policy.

In creating this policy, the district does not relieve any person under the district's jurisdiction from the consequences for violations of other policies and rules of the district meant to establish an environment conducive to teaching, learning, support services, work and the social and emotional well-being and development of the students entrusted to the district.

If a student alleges sexual misconduct on the part of any district employee to any person employed by the district, that person will immediately report the allegation to the Children's Division (CD) of the Department of Social Services in accordance with state law and district policy. Moreover, nothing in the policy precludes the mandatory or voluntary reporting of any suspected criminal activity to the appropriate law enforcement agency at any time.

Reporting Sexual Harassment or Title IX Retaliation

Any person may report sexual harassment regardless of whether the person is the alleged victim (complainant). However, Board members and employees must immediately report to the Title IX coordinator any incident or behavior that could constitute sexual harassment or retaliation in accordance with this policy. Reports may be made at any time, including during nonbusiness hours, by using the telephone number, email address or office address listed below.

The Board authorizes the following individual(s) to serve as the Title IX coordinator(s) for the Couch R-I School District and coordinate and implement the district's efforts to comply with the requirements of Title IX.

In the event the Title IX coordinator is unavailable or is the respondent to a complaint, reports should instead be directed to the compliance officer or alternate compliance officer listed in policy AC.

Notice of the Policy against Discrimination on the Basis of Sex

The district will provide notice of the district's prohibition on discrimination on the basis of sex under district policy and Title IX to students, parents/guardians, employees, applicants for admission and employment, and all unions or professional associations holding collective bargaining or professional agreements with the district. The notice will:

1. Include the name or title, office address, email address and phone number of the Title IX coordinator;
2. Include information on the district's grievance procedures and grievance process;
3. State that the requirement not to discriminate extends to admission and employment; and
4. Direct inquiries to the Title IX coordinator or the assistant secretary for civil rights at the U.S. Department of Education.

The district's policy prohibiting discrimination on the basis of sex and the contact information of the Title IX coordinator(s) will be prominently displayed on the district's website and in each handbook or course catalog.

Retaliation Prohibited

No person employed by or associated with the district will intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, participated or refused to participate in any manner in an investigation, proceeding or hearing under Title IX. While the law allows individuals to refuse to participate in a Title IX investigation, proceeding or hearing, district policy and the law require that employees immediately report to the Title IX coordinator any knowledge of an allegation of sexual harassment under Title IX, and employees can be reprimanded or disciplined for failing to do so.

Intimidation, threats, coercion or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment under Title IX but arise out of the same facts or circumstances as a report or formal complaint of sexual harassment under Title IX, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation. Complaints alleging retaliation must be filed with the Title IX coordinator.

Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of the grievance proceeding is not retaliation, with the understanding that a determination of responsibility for sexual harassment is not sufficient to conclude that a party made a materially false statement in bad faith.

Intake and Classification of Reports

The Title IX coordinator will receive and review all reports of sexual harassment even if a formal complaint has not been filed. The context of behavior can make a difference between conduct falling within the technical definition of sexual harassment under Title IX and conduct of a sexual nature that is offensive or hostile in itself, but which does not constitute harassment within that definition. District policies prohibit both but, for purposes of its Title IX obligations, the district must specially address cases within the definition under this special, limited-scope policy.

If the Title IX coordinator determines that the report concerns conduct that does NOT involve sexual harassment under Title IX as that term is defined in this policy or did not occur in the district's education program or activity, the Title IX coordinator will use the grievance process in policy AC or forward the complaint to the individual responsible for implementing policy AC.

Procedures Prior to or without a Formal Complaint

When the Title IX coordinator has actual knowledge of an allegation of sexual harassment under Title IX in an education program or activity of the district, the Title IX coordinator will promptly contact the complainant and:

1. Provide information about the supportive measures available to the complainant and inform the complainant that he or she may receive supportive measures without filing a formal complaint.
2. Consider the complainant's wishes with respect to supportive measures and implement appropriate supportive measures.
3. Explain to the complainant the process for filing a formal complaint.

Parties Enrolled in Special Education

In the case of all reports of sexual harassment, if the complainant or respondent has an individualized education program (IEP) in place, the Title IX coordinator will consult with the appropriate special education administrator(s) for assistance in determining the appropriate supportive measures based on the special needs of the student.

If the district determines that a student's specific circumstances, including disabilities, prevent the district from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein, the district will pursue such measures as are available under district policy and law. Such measures will be designed to restore or preserve the student's equal access to the district's education programs or activities.

The Formal Complaint Process

Nothing in this process will interfere with any legal right of a parent/guardian to act on behalf of a complainant, respondent or party including, but not limited to, filing a formal complaint. If a student who is not an eligible student pursuant to the Federal Education Rights and Privacy Act (FERPA) files a formal complaint, the parent/guardian will be notified.

The complainant may file a formal complaint or choose not to file a formal complaint and simply receive the supportive measures.

If the complainant does not file a formal complaint, the Title IX coordinator may sign a formal complaint initiating the grievance process. The Title IX coordinator will do so only if initiating the grievance process against the respondent is not clearly unreasonable in light of the known circumstances.

If no formal complaint is filed by the complainant or signed by the Title IX coordinator, no disciplinary action will be taken against the respondent on the grounds of sexual harassment under Title IX.

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Student Records

(Model Notification of Rights under the Family Educational Rights and Privacy Act for Elementary and Secondary Schools for Distribution in Student Handbooks)

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records. These rights are:

1. The right to inspect and review the student’s education records. Parents or eligible students should submit to the school principal or appropriate school official a written request that identifies the record(s) they wish to inspect. The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading or in violation of the student’s privacy. Parents or eligible students should write the principal or appropriate official, clearly identify the part of the record they want changed and specify why it is inaccurate, misleading or in violation of the student’s privacy. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent of eligible student when notified of the right to a hearing.
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent, is disclosure to school official with legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her responsibility as authorized by the district. Upon request, the school discloses education records without consent to officials of another school district in with a student seeks or intends to enroll.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school complies with the requirements of FERPA. Complaints should be directed to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605.

The district has determined that the following information regarding the district’s students is not harmful or an invasion of privacy and therefore will release this information without first obtaining parental consent. If a parent, guardian, person acting as a student’s parent in absence of parent or guardian or the student (if 18 or older) does not want the district to release the information listed below, they must notify the district in writing within then (10) days of receiving this handbook. The following information may be released without obtaining parental consent:

Students in Kindergarten through Eighth Grade

• Student’s name
• parent's name
• date and place of birth
• grade level
• bus assignment
• enrollment status (e.g., full-time or part-time)
• participation in school based activities or sports
• weight and height of members of athletic teams
• dates of attendance; honors and awards received
• artwork or coursework displayed by the district
• most recent previous school attended
• photographs, videotapes, digital images, and recorded sound unless such photographs, videotapes, digital images, and recorded sound would be considered harmful or an invasion of privacy.

High School and Vocational Students

• Student’s name
• parent’s name date and place of birth
• grade level
• bus assignment
• enrollment status (e.g., full-time or part-time)
• participation in school based activities or sports
• weight and height or members of athletic teams
• dates of attendance
• degrees, honors and awards received
• artwork or coursework displayed by the district
• most recent previous school attended
• photographs, videotapes, digital images, and recorded sound unless such photographs, videotapes, digital images, and recorded sound would be considered harmful or an invasion of privacy.

Pursuant to federal law, military recruiters and institutions of higher education may request and receive the names, addresses and telephone numbers of all high school students, unless their parents or guardians notify the school not to release this information. Please notify the district if you do not want this information released. This form was modified from a version prepared by the U.S. Department of Education, Family Policy Compliance Office.

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