This notice is posted to inform users of Brentwood School District facilities that the district is continually dealing with the issue of asbestos in schools. The Asbestos Hazard Emergency Response Act of 1986, referred to as AHERA, was enacted by congress to determine the extent of and develop solutions for any problems schools may have with asbestos.

Asbestos was used as a building material for many years. It is a naturally occurring mineral that is mined primarily in Canada, South Africa and Russia. Properties found in asbestos made it an ideal building material for insulating, sound absorption, decorative plasters, fireproofing and a variety of miscellaneous uses. There have been over 3,000 different products made using asbestos materials. The Environmental Protection Agency began action to limit uses of asbestos products in 1973, and most uses of asbestos products as building materials were banned in 1978.

Our Asbestos Management Plan identifies the types and locations of asbestos and identifies inspections, sampling data and response actions taken by the district. A copy of this plan is available for review at our Administrative Office (1201 Hanley Industrial Ct.) during regular office hours.. All inquiries should be directed to Andrew Hartnett, director of facilities, at 314-962-4507.

On March 27, 2020, the Coronavirus Aid, Relief and Economic Security (CARES) Act was signed into law. The CARES Act is a $2 trillion relief package to address the economic fallout related to the COVID-19 public health emergency.

Section 18003 makes funds available from the Education Stabilization Fund for grants to State Education Agencies for elementary and secondary school emergency relief.

Section 18005 of the Act provides that Local Education Agencies (LEAs) receiving funds from the Elementary and Secondary School Emergency Relief Fund must provide equitable services to nonpublic schools as required under section 1117 of the ESEA. However, control of these funds and title to materials, equipment and property purchased with such funds must remain with the public school district, and be administered by the public LEA. Public school districts will need to consult with nonpublic school officials to determine how the services will be provided to the nonpublic schools.

Allowable Uses Applicable to Nonpublic Schools

• Any activity authorized by the ESEA of 1965, including;
   
  • The Individuals with Disabilities Education Act (20 U.S.C. 1400, et seq.) (“IDEA”),
  • The Adult Education and Family Literacy Act (34 U.S.C. 463, et seq.),
  • The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301, et seq.) (“the Perkins Act”), or
  • Subtitle 8 of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431, et seq.).
     
• Coordinating the preparedness and response efforts of local educational agencies (LEAs) with state and local public health departments and other relevant agencies to improve 1 - coordinated responses among such entities to prevent, prepare for and respond to COVID-19.
   
• Providing principals and others school leaders with the resources necessary to address the needs of their individual schools.
   
• Developing and implementing activities to address the unique needs of low-income children or students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth through activities that include how outreach and service delivery will meet the needs of each population.
   
• Developing and implementing procedures and systems to improve the preparedness and response efforts of LEAs.
   
• Training and professional development for LEA staff on sanitation and minimizing the spread of infectious diseases.
   
• Purchasing supplies to sanitize and clean the facilities of the LEA, including buildings operated by such agency.
   
• Planning for and coordinating during long-term closures, including how to:
   
  • provide meals to eligible students,
  • provide technology for online learning to all students,
  • provide guidance for carrying out requirements under the IDEA; and,
  • ensure other educational services can continue to be provided consistent with all federal, state and local requirements.
     
• Purchasing educational technology (including hardware, software and connectivity) for students who are served by the LEA that aids in regular and substantive educational interaction between students and their classroom instructors, including low-income students and students with disabilities, which may include assistive technology or adaptive equipment.
   
• Providing mental health services and supports.
   
• Planning and implementing activities related to summer learning and supplemental afterschool programs, including providing classroom instruction or online learning during the summer months and addressing the needs of low-income students, students with disabilities, English learners, migrant students, students experiencing homelessness and children in foster care.

The CARES Act funds are for the 2019-20 school year and will be available to LEAs for use until September 30, 2022.

While the Missouri Department of Elementary and Secondary Education has a number of nonpublic schools registered for participation in federal programs, there may be additional nonpublic schools that wish to receive an equitable share of services funded by the CARES Act. Nonpublic schools not registered with the Missouri Department of Elementary and Secondary Education (DESE) may contact the Federal Programs Section to participate in the CARES Act services.

It is important to note that the nonpublic school will not receive funds, but rather services from the public school district.

If you choose to participate in the services the CARES Act funds offer, the Department will need confirmation from the nonpublic school of their wishes to participate as well as enrollment counts and economic deprivation counts BEFORE June 1, 2020.

If you have questions or concerns, or to submit enrollment counts please contact Julia Cowell, Director of Federal Programs, at julia.cowell@dese.mo.gov or Theresa Villmer, Equitable Services Ombudsman for the State of Missouri, at theresa.villmer@dese.mo.gov.

According to the Every Student Succeeds Act (Public Law 114-95), the Brentwood School District is required to share information that you have the right to know.

Upon your request, the Brentwood School District is required to provide to you in a timely manner, the following information:

• Whether your student’s teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
• Whether your student’s teacher is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived.
• Whether your student’s teacher is teaching in the field of discipline of the certification of the teacher.
• Whether your child is provided services by paraprofessionals and, if so, their qualifications.

In addition to the information that you may request, a building receiving Title I, Part A funds must provide:

• Information on the level of achievement and academic growth of your student, if applicable and available, on each of the state academic assessments required under Title I, Part A.
• Timely notice that your student has been assigned, or has been taught for four or more consecutive weeks by, a teacher who has not met applicable state certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.

The Brentwood School District is also required to share federal complaint resolution procedures with parents and caregivers of students and appropriate private school officials or representatives.

• View ESSA Complaint Procedures

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 outlined below:

• The right to inspect and review the student’s education records within 45 days of the day the district receives a request for access. Parents or eligible students should submit to the school principal (or appropriate school official) a written request that identifies the record(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
   
• The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate. Parents or eligible students may ask the Brentwood School District to amend a record that they believe is inaccurate. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate. If the district decides not to amend the record as requested by the parent or eligible student, the district will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
   
• The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the school board; a person or company with whom the district has contracted to perform a special task (such as an attorney, auditor, medical consultant or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility. The district may also disclose education records without consent to officials of another school district in which a student seeks or intends to enroll.
  
  The Brentwood School District has determined that the Voluntary Interdistrict Choice Corporation (VICC) and its officers, employees and agents are school officials with legitimate educational interests because they act for and on the behalf of the district with respect to transfer students and the transfer program, and because they seek to advance the interests of both. A transfer student’s attendance records and other educational records relevant to the student’s participation in the program or to the program itself may accordingly be disclosed to VICC without obtaining written consent from the parent/guardian or eligible student.
   
• The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Brentwood School District to comply with the requirements of FERPA. The address of the office that administers FERPA is:
  
  U.S. Department of Education
  Student Privacy Policy Office
  400 Maryland Avenue, SW
  Washington, DC 20202-8520

FERPA permits the disclosure of personally identifiable information from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the parent or eligible student, § 99.32 of the FERPA regulations requires the school to record the disclosure.

Parents and eligible students have a right to inspect and review the record of disclosures. A school may disclose personally identifiable information from the education records of a student without obtaining prior written consent of the parents or the eligible student:

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

The Protection of Pupil Rights Amendment affords parents and students who are 18 or emancipated minors ("eligible student") certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:

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

The Brentwood School District has developed policies regarding these rights in consultation with parents, as well as arrangements to protect student privacy in the administration of protected surveys and the collection, disclosure or use of personal information for marketing, sales or other distribution purposes. The Brentwood School District will notify parents and eligible students of these policies at least annually at the start of each school year and after any substantive changes.

The Brentwood School District will also directly notify parents and eligible students via U.S. mail or email, at least annually at the start of each school year of the specific or approximate dates of the following activities and provide an opportunity to opt a student out of participating in a specific activity or survey.

For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is the list of the specific activities and surveys covered under this requirement:

• Collection, disclosure or use of personal information for marketing, sales or other distribution.
• Administration of any protected information survey not funded in whole or in part by the U.S. Department of Education.
• Any non-emergency, invasive physical examination or screening as described above.

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

U.S. Department of Education
Student Privacy Policy Office
400 Maryland Avenue, SW
Washington, DC 20202-8520

Upon your request, the Brentwood School District will provide to you in a timely manner the following information about the qualifications of your child’s teacher(s).

• Whether your child’s teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.
• Whether your child’s 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.

The Brentwood School District, as a recipient of federal financial assistance from the United States Department of Education and operates a public elementary or secondary education program and/or activity, is required to undertake to identify and locate every qualified person residing in the district who is not receiving a public education; and take appropriate steps to notify disabled persons and their parents or guardians of the district’s duty.

The Brentwood School District assures that it will provide a free appropriate public education to each qualified disabled person in the district’s jurisdiction regardless of the nature or severity of the person’s disability. For purposes of Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act, the provision of an appropriate education is the provision of regular or special and related aids and services that (i) are designed to meet individual educational needs of disabled persons as adequately as the needs of nondisabled persons are met and (ii) are based on adherence to procedures that satisfy the requirements of the 504 federal regulations.

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 non-resident 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 Brentwood School District, in partnership with the Special School District of St. Louis County, assures that a free appropriate public education (FAPE) is provided to all eligible children with disabilities between the ages of 3 and 21 under their jurisdiction. Disabilities include autism, deaf/blindness, emotional disorders, hearing impairment and deafness, intellectual disability, multiple disabilities, orthopedic impairment, other health impairments, specific learning disabilities, speech or language impairment, traumatic brain injury, visual impairment/blindness and young child with a developmental delay.

The Brentwood School District, in partnership with the Special School District of St. Louis County, 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’s First Steps Program.

The Brentwood School District, in partnership with the Special School District of St. Louis County, assures that personally identifiable information collected, used or maintained by the districts for the purposes of identification, evaluation, placement or provision of FAPE of children with disabilities may be inspected and/or reviewed by their parents/guardians. Parents/guardians may request amendment to the educational record if the parent/guardian 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 Educational Rights and Privacy Act.

The Special School District of St. Louis County has developed a Local Compliance Plan for implementation of state regulations for the Individuals with Disabilities Education Act. This plan and Board of Education policies contain the district’s procedures regarding storage, disclosure to third parties, retention and destruction of personally identifiable information and the district’s assurances that services are provided in compliance with General Education Provision Act. This plan is available for public review in the superintendent's office during regular school hours on days school is in session.

This notice will be provided in native languages as appropriate.

Pursuant to Section 161.1050, RSMo, the Missouri Department of Elementary and Secondary Education established the Trauma-Informed Schools Initiative, which includes providing information and training to school districts regarding the trauma-informed approach, how schools can become trauma-informed schools, and developed a website about the trauma-informed schools initiative that includes information for schools and families.

Please visit DESE's website to learn more about the initiative.